[2014] KEHC 7165 (KLR)
The court found that the appellant had been sentenced to a short term of imprisonment and, due to the backlog of appeal cases, there was a real danger that he would serve the entire sentence before his appeal could be heard. The court also noted that the appellant had previously been admitted to bond and had not...
Source-derived case information.
- Citation
- [2014] KEHC 7165 (KLR)
- Parties
- Appellant: Dickson Oruko Nyawinda; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 2 of 2014
- Procedural Posture
- Criminal Appeal / Application for Bond Pending Appeal
- Outcome
- Application for bond pending appeal granted.
- Judges
- GO Shikwe
- Legal Topics
- Bail Pending Appeal, Appeal Procedure, Sentencing, Commercial Transactions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dickson Oruko Nyawinda
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Bond Pending Appeal
Legal Issues
- 1 Whether the appellant should be granted bond pending the hearing and determination of his criminal appeal.
- 2 Whether the appeal has overwhelming chances of success to justify release on bond.
- 3 Whether the appellant is likely to serve the entire sentence before the appeal is heard.
Ratio Decidendi
The court found that the appellant had been sentenced to a short term of imprisonment and, due to the backlog of appeal cases, there was a real danger that he would serve the entire sentence before his appeal could be heard. The court also noted that the appellant had previously been admitted to bond and had not absconded. In these circumstances, the court exercised its discretion to grant bond pending appeal, setting the bond at Ksh. 250,000 with one surety of a similar amount.
Court Disposition
Application for bond pending appeal granted.
Orders
- The appellant is admitted to a bond of Ksh. 250,000 with one surety of a similar amount pending the hearing and determination of the appeal.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO. 2 OF 2014
(From the Judgment and Conviction in Voi Principal Magistrate's Court Criminal Case No. 48 of 2010 – Hon. Wahome - PM)
DICKSON ORUKO NYAWINDA ……….……............................…APPELLANT
VERSUS
REPUBLIC …......….............................................................RESPONDENT
RULING
The Notice of Motion application dated 9th January, 2014 expressed to be brought under section 357 of the Criminal Procedure Code seeks for an order to release the appellant pending the hearing and determination of his appeal.
The grounds are that the appellant has timeously appealed.
That the appeal has overwhelming chances of success and that this was a commercial transaction and the charges should not have arisen.
Further that he had been admitted to a bond of Ksh. 50,000/= in the lower court and he had not absconded.
This court did not have the advantage of perusing the typed records of the original file but has perused the Judgment and some of the uncertified photocopied proceedings.
It is noted that the appellant was sentenced to a short imprisonment term. There is real danger of serving the whole of that term before his appeal can be heard owing to the huge backlog of cases for appeal.
It is on those circumstances that the application for bond pending appeal is granted.
He is admitted to a bond of Ksh. 250,000/= with one surety of similar amount.
Ruling delivered dated and signed this 5th day of February, 2014.
…...................
M. MUYA
JUDGE
5TH FEBRUARY, 2014
In the presence of:-
Learned State Counsel Mr. Ayodo
Learner Defence Counsels Mr. Magolo
Court Clerk Mr. Musundi