[2013] KEHC 4747 (KLR)
The court found that the appellant had not absconded during her trial in the lower court and that there was no opposition from the state to her release on bond. Upon reviewing the proceedings and judgment of the lower court, the judge was satisfied that this was an appropriate case for the grant of bond pending...
Source-derived case information.
- Citation
- [2013] KEHC 4747 (KLR)
- Parties
- Appellant: Esther Munyiva; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 8 of 2013
- Procedural Posture
- Criminal Appeal / Application for Bond Pending Appeal
- Outcome
- Application for bond pending appeal allowed.
- Judges
- GO Shikwe
- Legal Topics
- Stealing by Servant, Bail Pending Appeal, Sentencing, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Esther Munyiva
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Bond Pending Appeal
Legal Issues
- 1 Whether the appellant is entitled to bond pending the determination of her criminal appeal.
- 2 Whether the appellant's conduct during trial justifies the grant of bond pending appeal.
Ratio Decidendi
The court found that the appellant had not absconded during her trial in the lower court and that there was no opposition from the state to her release on bond. Upon reviewing the proceedings and judgment of the lower court, the judge was satisfied that this was an appropriate case for the grant of bond pending appeal. The decision was based on the appellant's conduct and the absence of any compelling reason to deny bond, thus exercising judicial discretion in favor of the appellant.
Court Disposition
Application for bond pending appeal allowed.
Orders
- The appellant shall post a bond of Kshs. 100,000 with one surety of similar amount pending appeal.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
High Court at Mombasa
Criminal Appeal 8 of 2013
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ESTHER MUNYIVA….................................................................... APPELLANT
–V E R S U S -
REPUBLIC …...............................................................................RESPONDENT
RULING
The applicant was convicted and sentenced to 2 years imprisonment for the offence of stealing by servant CPS 281 of the penal code.
The particulars of the charge are that between the 22nd day of December 2008 and 2nd day of February 2009 at Sabaki Bar in Changamwe Mombasa within the Coast province being a servant to Munyoki Kisuli Mbai she stole from the said Munyoki Kisuli Mbai cash of Kshs. 540,000/- which came to her possession by virtue of her employment.
The application before the court is for the release of the appellant on bond pending determination of her appeal.
The state does not oppose the release of the appellant on bond bearing in mind that throughout her trial in the lower court she did not abscond.
I have perused the proceedings and Judgment of the lower court and
I am satisfied this is a good case for the grant of Bond pending appeal.
It is accordingly ordered that the appellant do post a bond of Kshs. 100,000/- with one surety of similar amount pending appeal.
Ruling read and delivered in open court this 20th day of February 2013.
In the presence of
Appellant Alando
Counsel Jami
Court clerkMusundi
MARTIN M. MUYA
JUDGE
20. 2.2013
In the presence of:
Appellant - present.
Court clerk - - Mr. Musundi
State Counsel – Mr. Jami
MARTIN M. MUYA
JUDGE
20. 2.2013