[2017] KEHC 807 (KLR)
The court found that the applicant's appeal was arguable and had a high chance of success, as conceded by the prosecution. The applicant's reconciliation with the complainant, who is his spouse, and his poor health were considered exceptional circumstances. The court exercised its discretion to grant bail pending...
Source-derived case information.
- Citation
- [2017] KEHC 807 (KLR)
- Parties
- Appellant: George Nyandiko Oucho; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 78 of 2017
- Procedural Posture
- Criminal Appeal / Ruling on Application for Bail Pending Appeal
- Outcome
- Application for bond pending appeal allowed.
- Judges
- CB Nagillah
- Legal Topics
- Bail Pending Appeal, Assault Causing Bodily Harm, Conviction and Sentence, Personal Bond, Surety Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Nyandiko Oucho
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Application for Bail Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to bail or bond pending the hearing and determination of his appeal.
- 2 Whether the circumstances of the applicant, including reconciliation with the complainant and health status, justify release on bond.
Ratio Decidendi
The court found that the applicant's appeal was arguable and had a high chance of success, as conceded by the prosecution. The applicant's reconciliation with the complainant, who is his spouse, and his poor health were considered exceptional circumstances. The court exercised its discretion to grant bail pending appeal, imposing a personal bond of Kshs. 50,000 with one surety, subject to monthly mention attendance and approval by the Deputy Registrar. The court warned that any default would result in cancellation of the bond and accountability of the surety.
Court Disposition
Application for bond pending appeal allowed.
Orders
- The applicant is released on personal bond of Kshs. 50,000 with one surety pending the hearing and determination of his appeal.
- The bond is to be approved by the Deputy Registrar of the court.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYAMIRA
HCCRA NO. 78 OF 2017
GEORGE NYANDIKO OUCHO .................... APPELLANT
-VERSUS-
REPUBLIC ........................... RESPONDENT
R U L I N G
1. This is a ruling following an application for admissions to bail/bond pending the hearing and determination of the appeal against both the conviction and sentence.
2. The applicant herein was charged and tried for assault causing bodily harm contrary to Section 251 of the Penal Code. He was convicted and sentenced to 2 years imprisonment.
3. He has filed an appeal against the conviction and sentence.
4. By his application he applies for bond pending that hearing and determination of his appeal.
5. The prosecutor Mr. Ochieng’, opines that the appeal is arguable and has a high chance of success. Additionally, the applicant is a husband of the complainant. He has reconciled with her as per the affidavit. Further, the applicant is sickly and continued incarceration will only worsen his health.
6. Accordingly, the court will release the applicant on personal bond of Kshs.50, 000/= with one surety pending the hearing and determination of his appeal. The same be approved by the Deputy Registrar of this Court. The terms of the bond is that the applicant to attend mention of his case every month until his appeal is heard and determined. Any one default the surety would made to account, and the bond shall forthwith be cancelled.
Delivered on 8th day of December 2017 at Nyamira
C.B. NAGILLAH
JUDGE
In the presence of:-
The appellant in person
Emmah Okok for the Respondent
Mercy Court Clerk