[2016] KEHC 1738 (KLR)
The court found that the applicant had not demonstrated any exceptional or unusual circumstances to warrant the grant of bond pending appeal. The judge emphasized that at this stage, the merits of the intended appeal are not to be determined, and upon perusal of the lower court record, there was no basis to grant...
Source-derived case information.
- Citation
- [2016] KEHC 1738 (KLR)
- Parties
- Appellant: George Mwangi Wacuka; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 121 of 2016
- Procedural Posture
- Criminal Appeal / Ruling on Bond Pending Appeal
- Outcome
- application dismissed
- Judges
- JV Juma
- Legal Topics
- Bail Pending Appeal, Conviction, Sentencing, Narcotic Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Mwangi Wacuka
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Bond Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to bond pending appeal.
- 2 Whether the application for bond pending appeal has merit.
Ratio Decidendi
The court found that the applicant had not demonstrated any exceptional or unusual circumstances to warrant the grant of bond pending appeal. The judge emphasized that at this stage, the merits of the intended appeal are not to be determined, and upon perusal of the lower court record, there was no basis to grant the application. Consequently, the application for bond pending appeal was dismissed.
Court Disposition
application dismissed
Orders
- The application for bond pending appeal is dismissed.
- The appeal is admitted for hearing.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL APPEAL NO. 121 OF 2016
GEORGE MWANGI WACUKA …….................................…ACCUSED VERSUS
REPUBLIC ………………………………………………………. RESPONDENT
RULING
The applicant by way of the Chamber Summons dated 19/9/2016 has sought to be released on board during the pendency of his appeal.
The applicant was tried in the lower court vide Nakuru CMCC No. 914 of 2013. He was convicted of the offences of Preparation to Commit a Felony and Possession of Narcotic Drugs for which he was sentenced to a term of 2 years and 7 years imprisonment respectively. The sentences are to be served concurrently.
I have perused the record of the trial before the lower court. I am not mindful of the fact that I am not required at this stage to determine the merits or otherwise of the intended appeal. I find no merit in this application for bond pending appeal. The same is hereby dismissed.
Read in open court.
Ms Kerubo for Appellant.
Hearing of Appeal on 21/3/2017. Appeal is hereby admitted for hearing. The record to be served on office of DPP. Hearing on 21/3/2017.
Dated in Nakuru this 31st day of October, 2016
M. Odero
Judge
31/10/2016