[2005] KEHC 923 (KLR)
The court found that the State did not oppose the application and that the applicant had demonstrated sufficient grounds for release on bond pending appeal, including his medical condition, risk of job loss, and the high chances of success of the appeal. The court exercised its discretion under Section 357 of the...
Source-derived case information.
- Citation
- [2005] KEHC 923 (KLR)
- Parties
- Applicant: Erick Ongere; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 109 of 2005
- Procedural Posture
- Miscellaneous Application / Ruling on Bond Pending Appeal
- Outcome
- Application for bond pending appeal allowed.
- Legal Topics
- Bail Pending Appeal, Assault Causing Actual Bodily Harm
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erick Ongere
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Bond Pending Appeal
Legal Issues
- 1 Whether the applicant should be granted bond pending appeal.
- 2 Whether the applicant's medical condition and employment status warrant release on bond.
Ratio Decidendi
The court found that the State did not oppose the application and that the applicant had demonstrated sufficient grounds for release on bond pending appeal, including his medical condition, risk of job loss, and the high chances of success of the appeal. The court exercised its discretion under Section 357 of the Criminal Procedure Code to grant the applicant bond pending appeal, subject to the condition that he attends court as required.
Court Disposition
Application for bond pending appeal allowed.
Orders
- The applicant is released on his own bond of Kshs. 20,000.
- The applicant must attend court whenever required.
Full Case Text
Judgment text and source record
6 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU
Misc Application 109 of 2005ERICK ONGERE……………………………….………………………....APPLICANT VERSUS REPUBLIC…………………………………………….………………..RESPONDENTRULING The application has been brought through Notice of Motion under Section 357 of the Criminal Procedure Cap. 75. The application seeks an order that the Applicant be granted bond pending appeal. The Applicant had been tried and convicted of assault causing actual bodily harm contrary to Section 251 of the Penal Code and sentenced to serve 6 months imprisonment from 25th November, 2005. According to Mrs. Ndeda, the Applicant is asthmatic and likely to loose his job with Timsales. Besides the above, she also submitted that the appeal lodged has high chances of success. On the other hand, Mr. Gumo, Assistant Deputy Public Prosecutor submitted that the Applicant had demonstrated that his intended appeal has overwhelming chances of success.
Since the State has notopposed the application, I hereby concede to the application. In view of the above, the Applicant is hereby released on his own bond of Kshs.20,000. However, he has to ensure that he attends Court whenever he is required to do so.
Those are the orders of the Court.
Ruling read, signed and delivered in the presence of Mr. Koech and Mrs. Ndeda.
MUGA APONDI JUDGE 20TH DECEMBER, 2005