[2014] KEHC 4341 (KLR)
The court found that the application for bond pending appeal had merit, considering that the appeal raised an arguable issue as to whether the appellant had been properly discharged at the time of the alleged desertion. The court also noted that the proceedings might take a long time to be availed, which could...
Source-derived case information.
- Citation
- [2014] KEHC 4341 (KLR)
- Parties
- Appellant: Jared Agisa Nyakamba; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 122 of 2014
- Procedural Posture
- Criminal Appeal / Application for Bond Pending Appeal
- Outcome
- Application allowed. Appellant admitted to bond pending appeal.
- Judges
- GO Shikwe
- Legal Topics
- Bail Pending Appeal, Military Offences, Court Martial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jared Agisa Nyakamba
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Bond Pending Appeal
Legal Issues
- 1 Whether the appellant should be admitted to bond pending appeal.
- 2 Whether the appeal has high chances of success.
- 3 Whether the appellant was properly discharged at the time of the alleged desertion.
Ratio Decidendi
The court found that the application for bond pending appeal had merit, considering that the appeal raised an arguable issue as to whether the appellant had been properly discharged at the time of the alleged desertion. The court also noted that the proceedings might take a long time to be availed, which could prejudice the appellant if he remained in custody. The respondent did not oppose the application. Consequently, the court exercised its discretion to admit the appellant to bond pending the hearing and determination of his appeal.
Court Disposition
Application allowed. Appellant admitted to bond pending appeal.
Orders
- The appellant is admitted to a bond of Ksh. 500,000 with one surety or cash bail of Ksh. 200,000 pending the hearing and determination of his appeal.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO. 122 OF 2014
JARED AGISA NYAKAMBA …......…....................….. APPELLANT
VERSUS
REPUBLIC ……….……..........................................…RESPONDENT
(From Original Conviction and Sentence in Criminal Case No.436 of 2014 of the Court Martial at Mtongwe Navy Base, Mombasa)
RULING
By way a chamber Summons application dated the 23rd June, 2014 and which is expressed to be brought under Section 123 (3), 126, 135 of the criminal Procedure Code and article 49(i) (h) of the Constitution the Applicant seeks to be admitted to bond pending his appeal filed in Court.
The grounds are that he was charged in Mtongwe Navy Base with the offence of desertion of duty contrary to Section 74 (1) (A) as read together with Section 74 (3) (A) (iii) of the Kenya Defence Forces Act 2012 vide Criminal Case Number 436 of 2014.
Further that he was subsequently convicted and Sentenced to eighteen (18) months imprisonment.
The grounds are that the appeal has high chances of success and the circumstances are that the proceedings may take along time to be availed to the Court.
This application is not opposed. The Appellant was Convicted by a Court Martial for the offence of desertion and was Sentenced to eighteen (18) months imprisonment. There is an issue as to whether as at the time of the alleged dissertation he had been properly discharged.
I find the application has merit. I accordingly admit him to a bond of Ksh. 500,000/= with one surety or casbail of Ksh. 200,000/= pending the hearing and determination of his appeal.
Ruling delivered dated and signed this 25th day of June, 2014.
…..................
M. MUYA
JUDGE
25TH JUNE, 2014
In open Court and and the presence of:-
Omari for the applicant
Miss Ogweno for the State