[2015] KEHC 4121 (KLR)
The court found that there were no compelling reasons to deny the applicant bond pending appeal. The applicant had already served a significant portion of his sentence, reducing the risk of absconding. Additionally, the state conceded that the appeal had overwhelming chances of success. The court exercised its...
Source-derived case information.
- Citation
- [2015] KEHC 4121 (KLR)
- Parties
- Appellant: Ignatius Anyenga Omae; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 52 of 2014
- Procedural Posture
- Criminal Appeal / Application for Bond Pending Appeal
- Outcome
- Application for bond pending appeal allowed.
- Legal Topics
- Bail Pending Appeal, Assault, Sentencing, Conviction Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Ignatius Anyenga Omae
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Bond Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to bond pending the hearing and determination of his appeal.
- 2 Whether there are compelling reasons to deny bond pending appeal.
Ratio Decidendi
The court found that there were no compelling reasons to deny the applicant bond pending appeal. The applicant had already served a significant portion of his sentence, reducing the risk of absconding. Additionally, the state conceded that the appeal had overwhelming chances of success. The court exercised its discretion to grant a personal bond of KES 300,000 with one surety of a similar amount, subject to approval by the Deputy Registrar. The applicant was required to attend monthly court mentions until the appeal is determined, with the bond subject to cancellation and recommittal to prison in case of default.
Court Disposition
Application for bond pending appeal allowed.
Orders
- The applicant is granted a personal bond of KES 300,000 with one surety of a similar amount, to be approved by the Deputy Registrar.
- The applicant shall attend court mentions every month until the hearing and determination of his appeal.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL APPEAL NO. 52 OF 2014
IGNATIUS ANYENGA OMAE…………………………………………APPELLANT
VERSUS
REPUBLIC………………………………………………………………..RESPONDENT
RULING
This is an application for bond pending appeal. The applicant was charged with assault causing actual bodily harm contrary to section251 of the Penal Code. The particulars of the offence were that on the 7th day of June, 2014 at Nyamware sublocation keumbu Location in Kisii Central District, within Kisii county unlawfully assaulted Hellen Bosibori Omare, thereby occasioning here actual bodily harm. At the subsequent trial the accused was found guilty and duly convicted and consequently sentenced to serve two (2) years imprisonment.
The accused has filed an appeal which is Appeal no. 52 of 014. He has also made this application for bond pending the hearing and determination of his appeal. The state has not opposed this application for two reasons:
That the applicant was sentenced to two(2) years imprisonment following his conviction on 12th June, 2014-by todate he has served (7) seven months of his two year sentence.
That there are overwhelming chances that the appeal could succeed.
His counsel is of the view that since the accused has served part of his sentence, chance that he can abscond are next to nil.
Since there are no compelling reasons for denial of bond, the court will give the accused a personal bond of kshs. 300,000 with one surety of similar amount the same to be approved by the Deputy Registrar of this court. Should the accused be released he is expected to attend court mentions every month until the hearing and determination of his appeal case. The first such mention will be on 27th February, 2015.
However, if he defaults, the bond will be cancelled and then surety will be made to account; and the accused will be made to return to prison to continue serving the balance of his prison term still unserved.
It is so ordered.
Dated and delivered at KISII this 30th day of January, 2015.
C.B. NAGILLAH,
JUDGE.
In the presence of:-
Okemwa holding brief for Ogari for the appellant.
Clare for the respondent
Edwin Mongare Court Clerk.