[2009] KEHC 1522 (KLR)
The court found that the application for bail pending appeal was not opposed by the State and, upon perusal of the supporting affidavit and submissions by counsel, was satisfied that the application had merit. The court exercised its discretion to grant bail pending appeal, allowing the appellant to be released on...
Source-derived case information.
- Citation
- [2009] KEHC 1522 (KLR)
- Parties
- Appellant: Isaiah Onyango Opande; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 53 of 2009
- Procedural Posture
- Bail Application / Application for Bail Pending Appeal
- Outcome
- Application for bail pending appeal allowed.
- Judges
- JV Juma
- Legal Topics
- Bail Pending Appeal, Conviction and Sentence, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaiah Onyango Opande
Appellant
Republic
Respondent
Procedural Posture
Bail Application / Application for Bail Pending Appeal
Legal Issues
- 1 Whether the appellant is entitled to bail pending appeal.
- 2 Whether the application for bail pending appeal has merit.
Ratio Decidendi
The court found that the application for bail pending appeal was not opposed by the State and, upon perusal of the supporting affidavit and submissions by counsel, was satisfied that the application had merit. The court exercised its discretion to grant bail pending appeal, allowing the appellant to be released on bond with surety.
Court Disposition
Application for bail pending appeal allowed.
Orders
- The appellant may be released on a bond of Kshs.500,000 plus one surety of like sum.
Full Case Text
Judgment text and source record
15 paragraphs
(From Original Conviction and Sentence in Criminal Case No. 250 of 2008 of the Chief Magistrate’s Court at Mombasa: L. Mutende – S.P.M.)
ISAIAH ONYANGO OPANDE ……………………………. APPELLANT
VERSUS
REPUBLIC ………………………………..…………….. RESPONDENT
*********************
RULING OF THE COURT
Before me is the Appellant’s application for Bail pending Appeal dated 10th June 2009. The Appellant has already filed an appeal against his conviction and sentence by the learned Senior Principal Magistrate in her judgement delivered on 25th February 2009. I have carefully perused the supporting affidavit of Mrs. Marie Olande dated 10th June 2009. I have also carefully considered the submissions made by learned counsel Mr. Wabwoto in support of this present application. I note that the same is not opposed by the State. I am satisfied that the present application has merit and I do hereby allow the same. The Appellant may be released on a bond of Kshs.500,000/- plus 1 surety of like sum.
Dated and Delivered in Mombasa this 16th day of October 2009.
M. ODERO
JUDGE
Read in open court in the presence of:
Mr. Wabwoto for Appellant
M. ODERO
JUDGE
16/10/2009