[2017] KEHC 547 (KLR)
The court found that the appellant had been out on bond during trial and had not absconded at any time. There was no allegation that he was a flight risk or lacked a known abode. In order to avoid rendering the intended appeal nugatory, the court exercised its discretion to grant bail pending appeal, subject to the...
Source-derived case information.
- Citation
- [2017] KEHC 547 (KLR)
- Parties
- Appellant: Islam Ali Omar; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 78 of 2017
- Procedural Posture
- Criminal Appeal / Application for Bail Pending Appeal
- Outcome
- Application for bail pending appeal allowed.
- Judges
- JV Juma
- Legal Topics
- Bail Pending Appeal, Conviction and Sentence, Flight Risk Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Islam Ali Omar
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Bail Pending Appeal
Legal Issues
- 1 Whether the appellant should be granted bail pending the determination of his criminal appeal.
Ratio Decidendi
The court found that the appellant had been out on bond during trial and had not absconded at any time. There was no allegation that he was a flight risk or lacked a known abode. In order to avoid rendering the intended appeal nugatory, the court exercised its discretion to grant bail pending appeal, subject to the appellant providing a bond of Ksh. 500,000 with one surety of a like sum.
Court Disposition
Application for bail pending appeal allowed.
Orders
- The appellant may be released on bail pending the hearing and determination of his appeal.
- The appellant is granted bond of Ksh. 500,000 plus one surety of a like sum.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL APPEAL NO. 78 OF 2017
ISLAM ALI OMAR..............................APPELLANT
VERSUS
REPUBLIC......................................................STATE
(Appeal from the Judgment of the Chief Magistrate’s Court at Nakuru
Hon. G.HOduor– Chief Magistrate delivered on the 15th
September, 20157in CMCR Case No.3431 of 2007)
RULING
Before this court was the Notice of Motion dated 19/9/2017 in which the appellant ISLAM ALI OMAR sought to be released on bail during the pendency of his appeal.
The appellant had been tried and convicted by the learned Chief Magistrate sitting at Nakuru Law Courts in Nakuru CMCC No. 3431 of 2007. The appellant was sentenced to serve one (1) year imprisonment. He filed an appeal challenging both his conviction and sentence.
The application was not opposed by the learned State Counsel.
At this point the court is not being asked to determine the merits or otherwise of the intended appeal. The court is only being asked to determine the merit or otherwise of the intended appeal. The court is only being asked to determine the plea for bond pending appeal is merited.
I note that the appellant was out on bond during his trial and at no time did he abscond from the court. There is no allegation that appellant is a flight risk or that he had no known abode. In order not to render this intended appeal nugatory I am inclined to allow this application. The accused may be released on a bail pending the hearing and determination of his appeal. He is granted bond of Ksh. 500,000/= plus one surety of a like sum.
Hearing of the appeal of 28/11/2017.
Maureen A. Odero
Judge
9/10/2017