[2001] KEHC 118 (KLR)
The court found that the applicant had demonstrated sufficient grounds for the grant of bail pending appeal, namely that the appeal had high chances of success and that there was a likelihood the applicant would serve the sentence before the appeal was heard. The State's concession further supported the application....
Source-derived case information.
- Citation
- [2001] KEHC 118 (KLR)
- Parties
- Applicant: Gedi Agalab Lago; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Children Miscellaneous Application 73 of 2001
- Procedural Posture
- Miscellaneous Application / Application for Bail Pending Appeal
- Outcome
- application allowed
- Legal Topics
- Bail Pending Appeal, Release on Bond
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gedi Agalab Lago
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Application for Bail Pending Appeal
Legal Issues
- 1 Whether the applicant should be granted bail pending the hearing of his appeal.
- 2 Whether the appeal has high chances of success justifying release on bail.
- 3 Whether the applicant is likely to serve the sentence before the appeal is heard.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient grounds for the grant of bail pending appeal, namely that the appeal had high chances of success and that there was a likelihood the applicant would serve the sentence before the appeal was heard. The State's concession further supported the application. Consequently, the court exercised its discretion to allow the application and ordered the applicant's release on bond with surety.
Court Disposition
application allowed
Orders
- The applicant is released on his own bond of KES 30,000 with one surety of similar amount.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
MISCELLANEOUS APPLICATION NO. 73 OF 2001
GEDI AGALAB LAGO………....………………………………..APPLICANT
=V E R S U S=
REPUBLIC………………………………………………..…RESPONDENT
R U L I N G
This application by way of Notice of Motion seeks orders that the Applicant be released on bail pending the hearing of his appeal. The application is supported by sworn Affidavit of the Applicant.
The main ground of this application is that the appeal has high chances of success and that the Applicant is likely to serve the sentence before the appeal is heard.
The State concedes.
The application is allowed and I order that the Applicant be released on his own bond of shs.30,000/- with one surety of similar amount.
Order accordingly.
Dated and delivered at Mombasa this 8th day of October, 2001.
J.L.A. OSIEMO
J U D G E