[2011] KEHC 3545 (KLR)
The court found that there was a very real danger that the appellant would abscond if released on bail pending appeal. This assessment was based on the submissions of both counsel and the history of the case. Consequently, the court exercised its discretion to deny bail, prioritizing the need to ensure the...
Source-derived case information.
- Citation
- [2011] KEHC 3545 (KLR)
- Parties
- Applicant: Kennedy Konde Munga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 13 of 2011
- Procedural Posture
- Criminal Appeal / Bail Pending Appeal Application
- Outcome
- Application for bail pending appeal dismissed. Applicant to remain in custody pending hearing and determination of appeal.
- Judges
- JV Juma
- Legal Topics
- Bail Pending Appeal, Risk of Absconding
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Konde Munga
Applicant
Republic
Respondent
Procedural Posture
Criminal Appeal / Bail Pending Appeal Application
Legal Issues
- 1 Whether the applicant should be granted bail pending the hearing and determination of his criminal appeal.
Ratio Decidendi
The court found that there was a very real danger that the appellant would abscond if released on bail pending appeal. This assessment was based on the submissions of both counsel and the history of the case. Consequently, the court exercised its discretion to deny bail, prioritizing the need to ensure the appellant's presence during the determination of the appeal.
Court Disposition
Application for bail pending appeal dismissed. Applicant to remain in custody pending hearing and determination of appeal.
Orders
- The application for bail pending appeal is declined.
- The appellant shall remain in custody pending the hearing and conclusion of his appeal.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO. 13 OF 2011
(From Original Conviction and Sentence in Criminal Case No. 150 of 2010 of the Senior Resident Magistrate’s Court at Kaloleni: S. Wewa – S.R.M.)
KENNEDY KONDE MUNGA …………………….…… APPLICANT
-VERSUS-
REPUBLIC …………………………………....…….. RESPONDENT
RULING
This is the application dated 8th February 2011 by which the Applicant seeks to be admitted to bail pending the hearing and determination of his appeal. MR. ATANCHA Advocate argued the application on behalf of the Applicant whilst MR. ONSERIO State Counsel opposed the same.
I have carefully considered the submissions made by both counsel. I have likewise taken into account the history of this case. In my view there exists the very real danger that the Appellant will abscond if released on bail. I therefore decline to allow his application for bail pending appeal and direct that the Appellant will remain in custody pending the hearing and conclusion of his appeal.
Dated and Delivered in Mombasa this 23rd day of March 2011.
M. ODERO
JUDGE
In the presence of:
Mr. Atancha for Applicant
Mr. Onserio for State