[2012] KEHC 2850 (KLR)
The court found that the applicant had established a prima facie appeal and that bond or bail pending appeal is a constitutional right. The court exercised its discretion to grant bond, considering the merits of the application and the constitutional entitlement to bail pending appeal. The court did not address the...
Source-derived case information.
- Citation
- [2012] KEHC 2850 (KLR)
- Parties
- Appellant: Jim Otieno Nyanjwa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 81 of 2012
- Procedural Posture
- Criminal Appeal / Application for Bond Pending Appeal
- Outcome
- Application allowed. Bond granted pending appeal.
- Judges
- HK Chemitei
- Legal Topics
- Bail Pending Appeal, Right to Bond, Stealing Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jim Otieno Nyanjwa
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Bond Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to bond pending appeal.
- 2 Whether the applicant has established a prima facie case for grant of bail pending appeal.
Ratio Decidendi
The court found that the applicant had established a prima facie appeal and that bond or bail pending appeal is a constitutional right. The court exercised its discretion to grant bond, considering the merits of the application and the constitutional entitlement to bail pending appeal. The court did not address the substantive grounds of the appeal at this stage, limiting its determination to the application for bond.
Court Disposition
Application allowed. Bond granted pending appeal.
Orders
- The applicant is granted a bond of Kshs. 500,000 with a surety of similar amount or a cash bail of Kshs. 100,000 pending the hearing and determination of the appeal.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
Criminal Appeal 81 of 2012
JIM OTIENO NYANJWA...................................................................APPELLANT
VERSUS
REPUBLIC....................................................................................RESPONDENT
R U L I N G
The applicant Jim Otieno Nyanjwa filed the application dated 12-7-2012 praying that he be released on bond pending his intended appeal. The applicant was charged with various offences of stealing and handling stolen goods among others. He was found guilty and sentenced by trial court which has produced this application and appeal. The duty of this court is to only deal with the application at hand and not the substantive appeal at this juncture. I am satisfied that the applicant\'s application is meritorious. He has established a prima facie appeal. Bond or bail pending appeal is a constitutional right. Consequently, I shall grant the applicant a bond of Kshs. 500,000/= with a surety of similar amount or a cash bail of Kshs. 100,000/= pending the hearing and determination of this appeal.
Dated, signed and delivered at Kisumu this 25th day of July, 2012.
H.K. CHEMITEI JUDGE
In the presence of: …...................................for the state …..................................for the appellant HKC/va