[2002] KEHC 134 (KLR)
The court found that, since the State did not oppose the application and considering the submissions of the applicant's counsel, this was a proper case to grant bail pending appeal. The court exercised its discretion to allow the application and ordered the applicant's release on bond with surety.
Source-derived case information.
- Citation
- [2002] KEHC 134 (KLR)
- Parties
- Applicant: James Samwel Wanga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 24 of 2002
- Procedural Posture
- Criminal Application / Application for Bail Pending Appeal
- Outcome
- Application allowed; bail pending appeal granted.
- Legal Topics
- Bail Pending Appeal, Release on Bond
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Samwel Wanga
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Bail Pending Appeal
Legal Issues
- 1 Whether the applicant should be granted bail pending appeal.
Ratio Decidendi
The court found that, since the State did not oppose the application and considering the submissions of the applicant's counsel, this was a proper case to grant bail pending appeal. The court exercised its discretion to allow the application and ordered the applicant's release on bond with surety.
Court Disposition
Application allowed; bail pending appeal granted.
Orders
- The applicant shall be released on his own bond of Shs.30,000 with one surety in a similar amount pending the hearing of the appeal.
Full Case Text
Judgment text and source record
3 paragraphs
IN THE HIGH COURT OF KENYA AT MOMBASA CRIMINAL APPLICATION NO.24 OF 2002 (intended Appeal from Conviction and Sentence of Chief Magistrate’s Court at Mombasa in Criminal Case No.1345 of 2000 – A. Ngugi, RM) JAMES SAMWEL WANGA ………………………………… APPLICANT VERSUS REPUBLIC …………..……………………………………. RESPONDENT O R D E R
The State not opposing this application and in view of the submissions of Appellant’s counsel I am of the view that this is proper case to grant bail pending appeal. The application is allowed.
The applicant shall be released on his own bond of Shs.30,000/- with one surety in similar amount pending the hearing of appeal. Dated at Mombasa this 6th Day of March, 2002. J. KHAMINWA COMMISSIONER OF ASSIZE