[2013] KEHC 3936 (KLR)
The court granted the application for bond pending appeal on the basis that the appellant had previously been placed on bond in the subordinate court and had not absconded. The absence of opposition from the respondent further supported the grant of bond. The court exercised its discretion in favour of the...
Source-derived case information.
- Citation
- [2013] KEHC 3936 (KLR)
- Parties
- Appellant: John Lela Mwamsha; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 4 of 2012
- Procedural Posture
- Criminal Appeal / Application for Bond Pending Appeal
- Outcome
- Application for bond pending appeal granted.
- Judges
- GO Shikwe
- Legal Topics
- Bond Pending Appeal, Bail Conditions, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Lela Mwamsha
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Bond Pending Appeal
Legal Issues
- 1 Whether the appellant is entitled to bond pending appeal.
- 2 Whether the appellant's previous conduct justifies the grant of bond.
Ratio Decidendi
The court granted the application for bond pending appeal on the basis that the appellant had previously been placed on bond in the subordinate court and had not absconded. The absence of opposition from the respondent further supported the grant of bond. The court exercised its discretion in favour of the appellant, finding no reason to deny the application given the appellant's demonstrated compliance with previous bond terms.
Court Disposition
Application for bond pending appeal granted.
Orders
- The appellant may be released on a bond of Kshs. 150,000 with one surety of similar amount.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
High Court at Mombasa
Criminal Appeal 4 of 2012 [if gte mso 9]><xml>
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(From Original Conviction and Sentence in Criminal Case No. 262 of 2011 of the Senior Resident Magistrate’s Court at Wundanyi – Orenge K.I. (SRM))
JOHN LELA MWAMSHA ……………………………….…. APPELLANT
- Versus -
REPUBLIC ………………………..…………………....… RESPONDENT
RULING
An application for bond pending appeal was brought before this Court on 3rd day of December 2012. The Appellant had been placed on bond in the Subordinate Court. He had not absconded. The application is not opposed. It is granted as prayed.
The Appellant may be released on a bond of Kshs. 150,000/- with one surety of similar amount.
Ruling read and delivered in open Court this 25th day of April, 2013.
M. MUYA
JUDGE
In the presence of:-
Mr. Dzumo for the State
Mr. Obara – Counsel for the Appellant/Applicant
Court clerk – Mr. Musundi