[2018] KEHC 7296 (KLR)
The court found that the appellants had previously been granted bail during the lower court proceedings and that the State did not oppose the application. The appellants had demonstrated, through affidavits, that they suffer from various ailments and expressed apprehension about their health if detained. Considering...
Source-derived case information.
- Citation
- [2018] KEHC 7296 (KLR)
- Parties
- Appellant: Ignatius Katasi Maina; Appellant: Charles Maina Wafula; Appellant: Thaddeus Wekesa Makokha; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 22 of 2018
- Procedural Posture
- Criminal Appeal / Ruling on Bail Pending Appeal
- Outcome
- Bail pending appeal granted to all appellants, subject to bond terms.
- Judges
- HK Chemitei
- Legal Topics
- Bail Pending Appeal, Health Grounds, Bond Terms
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ignatius Katasi Maina
Appellant
Charles Maina Wafula
Appellant
Thaddeus Wekesa Makokha
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the appellants should be granted bail pending the hearing and determination of their criminal appeal.
- 2 Whether the appellants' health conditions justify release on bail pending appeal.
Ratio Decidendi
The court found that the appellants had previously been granted bail during the lower court proceedings and that the State did not oppose the application. The appellants had demonstrated, through affidavits, that they suffer from various ailments and expressed apprehension about their health if detained. Considering these factors, the court exercised its discretion to grant bail pending appeal, subject to the appellants providing a bond of Kshs one million with a surety of a similar amount. The court also directed that the appeal be processed and heard within three months, and that the appellants attend court whenever required.
Court Disposition
Bail pending appeal granted to all appellants, subject to bond terms.
Orders
- Each appellant to be released on a bond of Kshs one million with a surety of similar amount.
- The appeal to be processed and heard within three months from the date of the ruling.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITALE
Criminal Appeal No. 22 Of 2018
(Being an appeal arising from conviction and sentence in Kitale Chief Magistrate's Court in Criminal case No. 1035 of 2012 delivered by V.W. Wandera – Chief Magistrate)
IGNATIUS KATASI MAINA..............................1ST APPELLANT
CHARLES MAINA WAFULA...........................2ND APPELLANT
THADDEUS WEKESA MAKOKHA................3RD APPELLANT
VERSUS
REPUBLIC................................................................RESPONDENT
R U L I N G
1. There are 3 sets of application brought by the parties herein dated 26/3/2018. For purposes of this application and moving forward files number Criminal Application No. 22/2018, 23/2018 and 24/2018 be and are hereby consolidated for ease of determination as in any event they emanate from one lower court file.
2. The said application prays that the appellants be granted bail pending the intended appeal which they have already preferred. Apparently all the applicants have attached their various affidavits citing various ailments which they have and they are therefore apprehensive that they shall suffer serious health conditions should they not be granted their prayers.
3. The learned State counsel has not opposed the same. I also reckon that the appellants/applicants had been granted bail while the lower court proceedings were on. Accordingly each of the applicant shall be released on a bond of Kshs one Million with surety of similar amount. The appeal should be processed and heard within 3 months from the date herein.
4. The applicants must attend court at all times when their appeals are for mention or hearing.
Orders accordingly.
Delivered, signed and dated at Kitale this 12th day of April, 2018.
_________________
H.K. CHEMITEI
JUDGE
12/4/18
In the presence of:
Mr Kakoi for the State
Appellant – present
Court Assistant – Kirong
Ruling read in open court