[2014] KEHC 4560 (KLR)
The court found that the application for bail pending appeal had merit after reviewing the lower court's proceedings, judgment, and the grounds of appeal. The judge was satisfied that the appeal was arguable and that the appellant was not a flight risk, being a Kenyan citizen with a known abode and family....
Source-derived case information.
- Citation
- [2014] KEHC 4560 (KLR)
- Parties
- Appellant: Jefferson Mwaita; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 91 of 2014
- Procedural Posture
- Criminal Appeal / Bail Pending Appeal Application
- Outcome
- Application for bail pending appeal allowed.
- Judges
- GO Shikwe
- Legal Topics
- Bail Pending Appeal, Defilement Offence, Sentencing, Appeal Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jefferson Mwaita
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Bail Pending Appeal Application
Legal Issues
- 1 Whether the appellant is entitled to bail pending the hearing and determination of his appeal.
- 2 Whether the appeal has an arguable chance of success justifying bail.
- 3 Whether the appellant is a flight risk or likely to abscond if released on bail.
Ratio Decidendi
The court found that the application for bail pending appeal had merit after reviewing the lower court's proceedings, judgment, and the grounds of appeal. The judge was satisfied that the appeal was arguable and that the appellant was not a flight risk, being a Kenyan citizen with a known abode and family. Consequently, the court exercised its discretion to admit the appellant to bail pending appeal, subject to provision of a bond or cash bail.
Court Disposition
Application for bail pending appeal allowed.
Orders
- The applicant may be released on a bond of Ksh. 200,000 with one surety or cash bail of Ksh. 100,000.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO. 91 OF 2014
JEFFERSON MWAITA ….........................................….…..…..APPELLANT
VERSUS
REPUBLIC ……….……....................................................…RESPONDENT
RULING
The application by way of Notice of Motion application dated 10th April, 2014 seeks that the appellant be admitted to bail pending the hearing and determination of his appeal.
The grounds are that the applicant has an arguable appeal with a good chance of success. That he is ready to comply with conditions if any given by this Court and thirdly that he is a Kenyan citizen with a known abode and a family.
The appellant herein was Convicted and Sentenced to ten (10) years Imprisonment for the offence of defilement.
I have perused the records of proceedings and Judgment of the lower Court and also the grounds in the memorandum of appeal and I am satisfied that the application has merit. It is ordered that the applicant may be released on a bond of Ksh. 200,000/= with one surety or cash bail of Ksh. 100,000/=.
Ruling delivered dated and signed this 16th day of June, 2014.
…..............
M. MUYA
JUDGE
16TH JUNE, 2014
In the presence of:-
The Appellant/Applicant
Court clerk