[2009] KEHC 1645 (KLR)

[2009] KEHC 1645 (KLR)

The court found that since the application for bail pending appeal was not opposed by the State, and considering the provisions of Sections 356 and 357 of the Criminal Procedure Code, the appellant was entitled to be released on bond pending the determination of the appeal. The court exercised its discretion in favour of the appellant and ordered his release on his own bond of Kshs. 100,000 with a surety.

Citation
[2009] KEHC 1645 (KLR)
Parties
Appellant: Christopher Paul Ngahu; Respondent: Republic of Kenya
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
15 September 2009
Case Number
Criminal Appeal 353 of 2009
Procedural Posture
Criminal Appeal / Application for Bail Pending Appeal
Outcome
Application for bail pending appeal granted.
Judges
A. Ong’injo
Legal Topics
Bail Pending Appeal, Release on Bond
Source Language
English
Criminal Law Bail Pending Appeal Release on Bond

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Christopher Paul Ngahu

Appellant

Republic of Kenya

Respondent

Procedural Posture

Criminal Appeal / Application for Bail Pending Appeal

Legal Issues

  1. 1 Whether the appellant is entitled to bail or bond pending the hearing and determination of the appeal.

Ratio Decidendi

The court found that since the application for bail pending appeal was not opposed by the State, and considering the provisions of Sections 356 and 357 of the Criminal Procedure Code, the appellant was entitled to be released on bond pending the determination of the appeal. The court exercised its discretion in favour of the appellant and ordered his release on his own bond of Kshs. 100,000 with a surety.

Court Disposition

Application for bail pending appeal granted.

Orders

  • The appellant is released on his own bond of Kshs. 100,000 with a surety.
  • Costs of the application to be costs in the cause.