[2010] KEHC 691 (KLR)
The court found that the application for bail pending appeal had merit after considering the submissions of both parties and reviewing the lower court proceedings. The judge exercised judicial discretion to grant bail, determining that the appellant should be admitted to bail pending appeal with a bond of Kshs....
Source-derived case information.
- Citation
- [2010] KEHC 691 (KLR)
- Parties
- Appellant: Jackson M. Mwakoma; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 18 of 2010
- Procedural Posture
- Criminal Appeal / Bail Pending Appeal
- Outcome
- Application for bail pending appeal allowed.
- Judges
- JV Juma
- Legal Topics
- Bail Pending Appeal, Conviction and Sentence, Appellate Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackson M. Mwakoma
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / 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 had merit after considering the submissions of both parties and reviewing the lower court proceedings. The judge exercised judicial discretion to grant bail, determining that the appellant should be admitted to bail pending appeal with a bond of Kshs. 100,000 and one surety of a similar amount.
Court Disposition
Application for bail pending appeal allowed.
Orders
- The appellant to be admitted to bail pending appeal of Kshs. 100,000 plus one surety of a similar amount.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLICOFKENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
CRIMINAL APPEAL NO. 18 OF 2010
(From Original Conviction and Sentence in Criminal Case No.670 of 2009 of the Resident Magistrate’s Court at Wundanyi: P. Ndwiga – S.R.M.)
JACKSON M. MWAKOMA ........................ APPELLANT
VERSUS
REPUBLIC ........................................... RESPONDENT
RULING
I have considered the prayer by the Applicant (the 2nd Accused in Cr. 670/2009 at Wundanyi Law Courts) for bail pending appeal. I have considered the submissions made by Mr. Mwawasi in support of this application and those made by Mr. Onserio, learned State Counsel opposing bail. I have also carefully perused the proceedings of the lower court. In my view the application has merit and I do hereby allow the same. The Appellant to be admitted to bail pending appeal of Kshs.100,000/- + 1 surety of a similar amount.
Dated and Delivered inMombasathis 25th day of October 2010.
M. ODERO
JUDGE
Read in open court in the presence of:
Mr. Muteti for State
M. ODERO
JUDGE
25/10/2010