[2023] KEHC 521 (KLR)
The court found that the application for bail pending appeal was unopposed as the respondent neither filed a response nor submissions despite being granted leave and directions to do so. In the absence of opposition and upon consideration of the application and supporting affidavit, the court exercised its...
Source-derived case information.
- Citation
- [2023] KEHC 521 (KLR)
- Parties
- Appellant: James Kanyoro Kanyi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E083 of 2022
- Procedural Posture
- Criminal Appeal / Ruling on Bail Pending Appeal
- Outcome
- Application for bail pending appeal allowed.
- Judges
- A. Ong’injo
- Legal Topics
- Bail Pending Appeal, Sexual Offences, Sentencing, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Kanyoro Kanyi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the appellant should be granted bail pending the hearing and determination of his criminal appeal.
Ratio Decidendi
The court found that the application for bail pending appeal was unopposed as the respondent neither filed a response nor submissions despite being granted leave and directions to do so. In the absence of opposition and upon consideration of the application and supporting affidavit, the court exercised its discretion to allow the application and grant the appellant bail pending appeal on specified terms.
Court Disposition
Application for bail pending appeal allowed.
Orders
- The appellant may be released on bond of Kshs 100,000 with a surety of similar amount.
- The appellant must prosecute his appeal expeditiously.
Full Case Text
Judgment text and source record
18 paragraphs
Kanyi v Republic (Criminal Appeal E083 of 2022) [2023] KEHC 521 (KLR) (2 February 2023) (Ruling)
Neutral citation: [2023] KEHC 521 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Appeal E083 of 2022
A. Ong’injo, J
February 2, 2023
Between
James Kanyoro Kanyi
Appellant
and
Republic
Respondent
Ruling
1. The appellant was charged in Shanzu CMC Sexual Offence Case No 116 of 2020 for which he was convicted & sentenced to serve 10 years in prison. He has preferred the appeal herein and by application dated October 14, 2022 he seeks to be released on bail pending appeal.
2. The application is supported by the affidavit of the applicant and directions were given granting leave to the respondent to file response but none was filed. The court also gave directions for filing of submissions but only the applicant’s counsel filed on December 2, 2022. As it stands the application dated October 14, 2022 is not opposed and the same in consideration of this court is allowed.
3. The appellant may be released on bond of Kshs 100,000/= with surety of similar amount on condition that he prosecutes his appeal expeditiously. Mention on March 1, 2023 to confirm record of appeal availed by Deputy Registrar from lower court.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 2ND DAY OF FEBRUARY 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of:-Ogwel- Court AssistantAppellant – Present in personMr. Ngiri for StateMr. Kamau Advocate for Appellant