[2016] KEHC 168 (KLR)
The court, having considered the application for bond pending appeal and the fact that the respondent did not oppose the application, exercised its discretion to grant the appellant bond pending appeal. The court was satisfied after perusing the lower court record and found no reason to deny the application.
Source-derived case information.
- Citation
- [2016] KEHC 168 (KLR)
- Parties
- Appellant: Kipchumba Lagat alias Patrick; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 117 of 2016
- Procedural Posture
- Criminal Appeal / Application for Bond Pending Appeal
- Outcome
- Application for bond pending appeal allowed.
- Judges
- JV Juma
- Legal Topics
- Bond Pending Appeal, Bail Conditions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kipchumba Lagat alias Patrick
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Bond Pending Appeal
Legal Issues
- 1 Whether the appellant should be granted bond pending appeal.
Ratio Decidendi
The court, having considered the application for bond pending appeal and the fact that the respondent did not oppose the application, exercised its discretion to grant the appellant bond pending appeal. The court was satisfied after perusing the lower court record and found no reason to deny the application.
Court Disposition
Application for bond pending appeal allowed.
Orders
- The appellant is admitted to bond of Ksh 50,000 plus one surety of like sum or cash bail of like sum.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL APPEAL NO. 117 OF 2016
KIPCHUMBA LAGAT alias PATRICK ....................................................................APPELLANT
VERSUS
REPUBLIC ........................................................................................................... RESPONDENT
(Appeal from the Judgment of the Principal Magistrate’s Court at Eldama Ravine
Hon. M. Kasera - Principal Magistrate delivered on the 13th July, 2016
in PMCR Case No. 33 of 2016)
RULING
I have considered this application for bond pending appeal. I have also perused the record of the proceedings in the lower court.
The application is not opposed. I therefore allow the same and I hereby admit the appellant to bond of Ksh 50,000/= plus 1 surety of like sum or cash bail of like sum.
Dated in Nakuru this 22nd day of November, 2016.
Maureen A. Odero
Judge