[2011] KEHC 3426 (KLR)
The court found that, upon reviewing the evidence on which the appellant was convicted, the judgment of the lower court, and the grounds of appeal, the applicant's appeal indeed had overwhelming chances of success. The court held that this was sufficient justification for granting bail pending appeal, and there was...
Source-derived case information.
- Citation
- [2011] KEHC 3426 (KLR)
- Parties
- Appellant: Kayo Ongondo Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 134 of 2010
- Procedural Posture
- Criminal Appeal / Bail Pending Appeal
- Outcome
- application_allowed
- Legal Topics
- Bail Pending Appeal, Exceptional Circumstances, Prospects of Success, Release on Bond
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kayo Ongondo Otieno
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Bail Pending Appeal
Legal Issues
- 1 Whether the appellant should be granted bail pending the hearing and determination of his appeal.
- 2 Whether the appeal has overwhelming chances of success to justify bail.
- 3 Whether there are exceptional or unusual circumstances warranting release on bail.
Ratio Decidendi
The court found that, upon reviewing the evidence on which the appellant was convicted, the judgment of the lower court, and the grounds of appeal, the applicant's appeal indeed had overwhelming chances of success. The court held that this was sufficient justification for granting bail pending appeal, and there was no reason to deny the application. The court therefore allowed the application and ordered the applicant's release on bond with a surety, pending the hearing and determination of the appeal.
Court Disposition
application_allowed
Orders
- The applicant may be released on bond of Kshs. 300,000 with a surety of a similar amount pending the hearing and determination of his appeal.
- The appeal is admitted to hearing before a single judge at this station for an hour.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT ELDORET
CRIMINAL APPEAL NO. 134 OF 2010
BETWEEN
KAYO ONGONDO OTIENO.................................................................................APPELLANT
AND
REPUBLIC..........................................................................................................RESPONDENT
RULING
Kayo Ongondo Otieno, the applicant, has lodged this notice of motion dated 1st February, 2011, seeking one main order, namely, that he be released on bail pending the hearing and determination of his appeal. There are two main reasons given for the application, namely, that his health has deteriorated since imprisonment and that his appeal has overwhelming chances of success. There is a supporting affidavit of the applicant which affidavit is an elaboration of the two grounds.
When the application came up before me for hearing counsel for the applicant reiterated the above grounds and urged me to admit the application to bail pending his appeal.
Mr. Oluoch, Learned Senior Deputy Prosecution Counsel opposed the application on the ground that the appeal has no chance of success and that there are no other exceptional or unusual circumstances demonstrated by the applicant.
I have considered the application, the submissions of counsel and the authorities cited to me. I have further given due consideration to the record of the lower court. Having done so, I take the following view of the matter. It is settled that the important issue to be considered in an application for bail pending appeal is whether the appeal has overwhelming chances of success (See Dominic Karanja -VS- Republic (1986) KLR 612). I have considered the evidence upon which the appellant was convicted and the judgment of the Learned Senior Resident Magistrate and considered the same against the grounds of appeal put forward by the applicant and have formed the view that the applicant’s appeal indeed has overwhelming chances of success. There is therefore no justification for denying bail. That being my view the application, the same is allowed in terms of prayer (2) thereof. The applicant may be released on bond of Kshs. 300,000/- with a surety of a similar amount pending the hearing and determination of his appeal.
I also admit this appeal to hearing before a single judge at this station for an hour.
Orders and directions accordingly.
DATED AND DELIVERED AT ELDORETTHIS 7TH DAY OF APRIL 2011
F. AZANGALALA
JUDGE
Read in the presence of:-
Mr. Kitigin H/B for Wanga for the appellant and
Mr. Oluoch for the State.
F. AZANGALALA
JUDGE
7th April, 2011