[2014] KEHC 1738 (KLR)
The court, having perused the record of proceedings and noting that the application for bond pending appeal is not opposed, finds merit in the application and exercises its discretion to admit the appellant to bond. The court is satisfied that the interests of justice will be served by granting the bond on the terms...
Source-derived case information.
- Citation
- [2014] KEHC 1738 (KLR)
- Parties
- Appellant: Evans Muthemba Chege; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 163 of 2014
- Procedural Posture
- Criminal Appeal / Application for Bond Pending Appeal
- Outcome
- Application for bond pending appeal allowed.
- Judges
- GO Shikwe
- Legal Topics
- Bond Pending Appeal, Bail Conditions, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Evans Muthemba Chege
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Bond Pending Appeal
Legal Issues
- 1 Whether the appellant is entitled to bond pending the hearing and determination of the appeal.
Ratio Decidendi
The court, having perused the record of proceedings and noting that the application for bond pending appeal is not opposed, finds merit in the application and exercises its discretion to admit the appellant to bond. The court is satisfied that the interests of justice will be served by granting the bond on the terms specified.
Court Disposition
Application for bond pending appeal allowed.
Orders
- The appellant is admitted to bond of Ksh. 200,000 with one surety of similar amount pending the hearing and determination of the appeal.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO. 163 OF 2014
EVANS MUTHEMBA CHEGE ......................... APPELLANT(APPLICANT)
VERSUS
REPUBLIC ……….……...................................................…RESPONDENT
(From original Conviction and Sentence in Criminal Case No.2785 of 2009 of the Chief Magistrate's Court at Mombasa – Hon. R. Odenyo- SPM)
RULING
This is an application for bond pending the hearing and determination of an appeal filed in Court.
This application is not opposed. I have perused the record of proceedings and I find that the application has merit and I do admit the appellant to bond.
He may be released on a bond of Ksh. 2000,00/= with one surety of similar amount.
Ruling read and delivered this 17th day of November, 2014.
…....................
M. MUYA
JUDGE
17TH NOVEMBER, 2014
In the presence of:-
Mr. Owino for he applicant
Mr. Masila for the Respondent