[2020] KEHC 397 (KLR)
The court found that the applicant's circumstances were similar to those of the co-appellants who had already been granted bail pending appeal. In the interest of consistency and fairness, the court held that the applicant should be released on the same terms as the co-appellants. The court further ordered the...
Source-derived case information.
- Citation
- [2020] KEHC 397 (KLR)
- Parties
- Appellant: Edward William Ochola; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 19,20 & 22 of 2020
- Procedural Posture
- Criminal Appeal / Ruling on Bail Pending Appeal
- Outcome
- bail pending appeal granted on same terms as co-appellants; sentence suspended; appeals consolidated
- Judges
- AN Ongeri
- Legal Topics
- Bail Pending Appeal, Bond Terms, Suspension of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Edward William Ochola
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to bail pending appeal under circumstances similar to co-appellants.
- 2 Whether the terms of bail should be consistent with those granted to co-appellants.
Ratio Decidendi
The court found that the applicant's circumstances were similar to those of the co-appellants who had already been granted bail pending appeal. In the interest of consistency and fairness, the court held that the applicant should be released on the same terms as the co-appellants. The court further ordered the suspension of the sentence pending the outcome of the appeal and directed the consolidation of the related appeals for efficient management.
Court Disposition
bail pending appeal granted on same terms as co-appellants; sentence suspended; appeals consolidated
Orders
- The applicant/appellant is released on a bond of Kshs.500,000 with one surety of similar amount or cash bail of Kshs.200,000.
- The applicant/appellant must appear in court as and when required.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL APPEALS NO.19,20 & 22 OF 2020
(Criminal Appeal No.19, 20 & 22 of 2020 consolidated)
EDWARD WILLIAM OCHOLA...........APPELLANT
-V E R S U S -
REPUBLIC..........................................RESPONDENT
R U L I N G
1. The Application coming for Consideration in this ruling is dated 12/3/2020 filed in Criminal Appeal No.22 of 2020 seeking bail pending appeal.
2. The Applicant/Appellant was charged jointly with the Appellants in Criminal Appeal No.19 and 20 of 2020 who were released on bail pending appeal.
3. Since the circumstances of the case were similar as those in Criminal Appeal No.19 & 20 of 2020, I direct that this Appellant/Applicant also be released on the same terms as follows:-
(i) THAT the Applicant/Appellant be released on a bond of Kshs.500,000/= with one surety similar amount or Cash Bail of Kshs.200,000/=.
(ii) THAT the Applicant/Appellant should appear in Court as and when required.
(iii) THAT the sentence imposed upon the Applicant/Appellant be and is hereby suspended awaiting the outcome of the Appeal.
(iv) THAT the Applicant/Appellant to prosecute the Appeal within six months from the date of release.
4. This Court further directs that the three Appeals No.19/2020, 20/2020 and 22/2020 to be consolidated.
5. The holding file will be Criminal No.19 of 2020.
6. Mention 5/10/2020 for directions.
7. The Deputy Registrar to compile the record of Appeal expeditiously in view of the time limit for prosecution of the Appeals.
Dated, Delivered and Signed at Kericho this 24th day of September, 2020.
A. N. ONGERI
JUDGE