[2003] KEHC 910 (KLR)
The court found that there were certain glaring aspects of the evidence, specifically discrepancies regarding who was in charge of the exhibit store and the timing of the alleged theft of solar panels, which warranted consideration on appeal. However, the court determined that the appropriate course was to expedite...
Source-derived case information.
- Citation
- [2003] KEHC 910 (KLR)
- Parties
- Appellant: Joseph Abio Galana; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 28 of 2003
- Procedural Posture
- Criminal Application / Application for Bond Pending Appeal
- Outcome
- Application for bond pending appeal dismissed; appeal to be set down for hearing expeditiously.
- Legal Topics
- Bail Pending Appeal, Theft by Servant, Conviction Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Abio Galana
Appellant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Bond Pending Appeal
Legal Issues
- 1 Whether the appellant should be granted bond pending the hearing of his appeal.
- 2 Whether there are sufficient grounds to justify release on bond in the circumstances.
Ratio Decidendi
The court found that there were certain glaring aspects of the evidence, specifically discrepancies regarding who was in charge of the exhibit store and the timing of the alleged theft of solar panels, which warranted consideration on appeal. However, the court determined that the appropriate course was to expedite the hearing of the appeal rather than grant bond pending appeal. The court ordered that the original file and the appellant be transferred to Mombasa without delay to facilitate a prompt hearing, and declined to grant bond in the circumstances.
Court Disposition
Application for bond pending appeal dismissed; appeal to be set down for hearing expeditiously.
Orders
- The appeal is admitted and to be set down for hearing at the earliest opportunity.
- The original file and the appellant to be transferred to Mombasa without further delay.
Full Case Text
Judgment text and source record
10 paragraphs
REPULIC OF KENYA
IN THE HIGH COURT OF KENYAAT MOMBASACRIMINAL APPLICATION NO. 28 OF 2003 (IN THE MATTER OF THE INTENDED APPEAL) BETWEEN
JOSEPH ABIO GALANA……………………………….. APPELLANT AND REPUBLIC ……………………………………………….. RESPONDENT
RULING
The Applicant was charged and convicted for the offence of theft by servant and sentenced to serve 2 years imprisonment. He has preferred an appeal and applied to be freed on bond pending the hearing of the said appeal.
At the hearing of the said application, the Applicant was not present because the prison authorities at Hola Prison were not able to transfer him to Mombasa due to the heavy rains in the District which have rendered roads impassable. It is for the same reasons that the original court file was said not to be available.
Mr. Magolo strongly presented the arguments that the appeal will take long to be heard and the Appellant has a good appeal. The State Counsel however was of the view that the appeal should be set down for hearing. Instead of granting the bond.
I have read the proceedings and without pre-emptying the appeal I find there are certain glaring aspects of the evidence that need be considered on appeal. These are discrepancies as to who was in-charge of the Exhibit store and also the time in question the solar panels were indeed stolen if at all.
It is with this in mind that I admit the appeal and order that the same be set down for hearing the soonest possible and the original file and Appellant be transferred to Mombasa without further delay. In the circumstances I see no need to grant the bond. It is so ordered.
Dated and delivered this 5th day of June 2003. P.M. TUTUI COMMISSIONER OF ASSIZE