[2013] KEHC 4695 (KLR)
The court found that the appeal had high chances of success after perusing the record of proceedings. The applicant's advanced age and apparent ill health were also considered. The court exercised its discretion to admit the applicant to bond pending the determination of the appeal, noting that the State did not...
Source-derived case information.
- Citation
- [2013] KEHC 4695 (KLR)
- Parties
- Appellant: Ibrahim Hussein Chibibo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 145 of 2012
- Procedural Posture
- Criminal Appeal / Application for Bond Pending Appeal
- Outcome
- Application for bond pending appeal allowed.
- Judges
- GO Shikwe
- Legal Topics
- Bail Pending Appeal, False Pretences, Sentencing Principles
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ibrahim Hussein Chibibo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Bond Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to bond pending appeal.
- 2 Whether the appeal has high chances of success.
- 3 Whether the applicant's age and health are relevant to the grant of bond.
Ratio Decidendi
The court found that the appeal had high chances of success after perusing the record of proceedings. The applicant's advanced age and apparent ill health were also considered. The court exercised its discretion to admit the applicant to bond pending the determination of the appeal, noting that the State did not oppose the application and that the applicant had not absconded during the trial period.
Court Disposition
Application for bond pending appeal allowed.
Orders
- The applicant is admitted to bond pending the determination of his appeal.
- The applicant may be released on a bond of Kshs. 100,000 with one surety or cash bail of like amount.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
High Court at Mombasa
Criminal Appeal 145 of 2012 [if gte mso 9]><xml>
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IBRAHIM HUSSEIN CHIBIBO…………..…………….…. APPELLANT
- Versus -
REPUBLIC …………………………………………….… RESPONDENT
(From Original Conviction and Sentence in Criminal Case No. 1391 of 2001 of the Principal Magistrate’s Court at Mombasa – E. K. Usui Macharia (PM))
RULING
This is a ruling in an application for bond pending appeal. The Applicant was convicted on 10 Counts of obtaining money by false pretences contrary to Section 313 of the Penal Code.
It is the contention by the Applicant that the appeal has high chances of success and the Applicant has served much of the sentence.
Further that the trial Magistrate did not indicate whether the sentence was to run consecutively or concurrently.
It is also argued that the Applicant was out on bond during the period of the hearing of his case and he did not abscond.
This application is not opposed by the State. I have perused the record of proceedings and I am satisfied that the appeal has high chances of success. I have also observed the Applicant who is aged and appears ailing. He is admitted to bond pending the determination of his appeal.
He may be released on a bond of Kshs. 100,000/- with one surety or cash bail of like amount.
Judgement read and delivered in open Court this 20th day of March 2013.
M. MUYA
JUDGE
In the presence of:-
Mr. Dzumo for the State
Mr. Shimaka – Counsel for the Accused/Applicant
Court clerk – Mr. Musundi
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