[2019] KEHC 6048 (KLR)
The court found that the appellant had been on bond during the trial and had faithfully attended court. The lower court file and proceedings were available, and the appeal would be heard expeditiously. The court was satisfied that the appeal was arguable. On this basis, the court exercised its discretion to grant...
Source-derived case information.
- Citation
- [2019] KEHC 6048 (KLR)
- Parties
- Appellant: Joseph Mutua Mukuku; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 107 of 2019
- Procedural Posture
- Criminal Appeal / Ruling on Application for Bond Pending Appeal
- Outcome
- application for bond pending appeal allowed
- Legal Topics
- Bond Pending Appeal, Grievous Harm, Robbery With Violence, Conviction and Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Joseph Mutua Mukuku
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Application for Bond Pending Appeal
Legal Issues
- 1 Whether the appellant is entitled to bond pending appeal.
- 2 Whether the appeal is arguable and likely to be heard expeditiously.
Ratio Decidendi
The court found that the appellant had been on bond during the trial and had faithfully attended court. The lower court file and proceedings were available, and the appeal would be heard expeditiously. The court was satisfied that the appeal was arguable. On this basis, the court exercised its discretion to grant bond pending appeal, setting the terms at Kshs.50,000 bond with surety or Kshs.20,000 cash bail, and allowed the use of earlier cash bail if not refunded. The same orders were extended to co-appellants in related appeals.
Court Disposition
application for bond pending appeal allowed
Orders
- The appellant to be released on a bond of Kshs.50,000 with a surety or cash bail of Kshs.20,000 to appear.
- If the earlier cash bail has not been refunded, the appellant may be released on the said cash bail.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
HCCRA NO. 107 OF 2019
JOSEPH MUTUA MUKUKU.........APPELLANT
-VERSUS-
REPUBLIC....................................RESPONDENT
(Being an appeal from the judgement on conviction and sentence in Criminal Case No. 16 of 2015 at Makueni Law courts delivered by Hon. J. Mwaniki (SPM)
RULING
1. The Appellant/ Applicant was charged with others for robbery with violence contrary to Section 296(2) Criminal Procedure Code vide Makueni SPM Criminal Case No. 16/2015. They denied the charge. After a full hearing they were found guilty and convicted on a lesser offence of grievous harm contrary to Section 234 of the Penal Code. They were each fined Kshs.50,000/= in default two (2) years imprisonment.
2. The record shows that the Appellant and his co-accused were on bond during the hearing in the lower court. They faithfully attended court.
3. I have checked the record and found that the lower court original file and typed proceedings are already in the file. What is left is for the record of appeal to be prepared.
4. I am therefore satisfied that the appeals will be heard within the shortest time possible.
5. I have equally considered the evidence on record and all I can say for now is that the Appellants have an arguable appeal.
6. The application for bond pending appeal is therefore allowed. The Appellant/Applicant to be released on a bond of Kshs.50,000/= with a surety or cash bail of Kshs.20,000/= to appear. If the earlier cash bail has not been refunded, then they may be released on the said cash bail. These orders are to apply to HCRA No. 111of 2019 Joseph Kimilu Muendo, HCRA 112 of 2019 Dominic Nyamasyo Mutua, and HCRA 113 of 2019 James Muli Kimilu.
Orders accordingly.
DELIVERED, SIGNED & DATED THIS 2NDDAY OF JULY 2019, IN OPEN COURT AT MAKUENI.
………………………………….
H. I. ONG’UDI
JUDGE