[2012] KEHC 1206 (KLR)
The court found that the appeal had overwhelming chances of success, particularly on the issues of whether the charge was defective and whether the prosecution had proved the essential elements of mens rea and actus reus. The State's concession further supported the merit of the application. Consequently, the court...
Source-derived case information.
- Citation
- [2012] KEHC 1206 (KLR)
- Parties
- Appellant: Gladys Njeri Waweru; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 98 of 2012
- Procedural Posture
- Criminal Appeal / Bail Pending Appeal Application
- Outcome
- application_allowed
- Legal Topics
- Bail Pending Appeal, Robbery With Violence, Mens Rea, Actus Reus
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gladys Njeri Waweru
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Bail Pending Appeal Application
Legal Issues
- 1 Whether the appellant should be granted bail pending the hearing and determination of her appeal.
- 2 Whether the appeal has overwhelming chances of success based on alleged defects in the charge and insufficiency of evidence regarding mens rea and actus reus.
Ratio Decidendi
The court found that the appeal had overwhelming chances of success, particularly on the issues of whether the charge was defective and whether the prosecution had proved the essential elements of mens rea and actus reus. The State's concession further supported the merit of the application. Consequently, the court exercised its discretion to grant bail pending appeal, finding that the application was meritorious.
Court Disposition
application_allowed
Orders
- The appellant is granted bail/bond of Kshs 250,000 together with one surety of a similar amount.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
High Court at Eldoret
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GLADYS NJERI WAWERU................................................................APPELLANT
VERSUS
REPUBLIC......................................................................................RESPONDENT
RULING
The Application is by way of Notice of Motion and is dated the 25th June, 2012. The Appellant is seeking to be admitted into bail pending the hearing and determination of her appeal.
The Appellant was charged with the offence of Robbery with Violence contrary to Section 296 (2) of the Penal Code.
At the hearing of the application, Counsel for the Appellant submitted that the appeal had high chances of success as the Charge was defective and the evidence adduced was at variance with the Charge.
Counsel also submitted that the trial magistrate erred in finding the Appellant guilty of robbery with violence as the issues of “Mens Rea” and “ Actus Reus” were not proved as against the Appellant
Counsel urged the court to grant the Appellant bail pending appeal and that the Appellant was willing to abide with the terms and conditions that would be set down by the court.
The application was not opposed by the State. Counsel concurred with the submissions of Counsel for the Appellant on the issue of participation and motive on the part of the Appellant. Counsel for the State conceded the application.
We have heard the submissions of both Counsel for the Appellant and Counsel for the State.
On the issue of “ Mens Rea” and “ Actus Reus” we are persuaded that the appeal has overwhelming chances of success.
The application is found to have merit and is hereby allowed.
The Appellant is hereby granted a bail/bond of Kshs 250,000/= together with one surety of a similar amount.
It is so ordered.
Dated and delivered at Eldoret this 11th day of October 2012.
F. AZANGALALA A.MSHILA
JUDGEJUDGE