[2017] KEHC 301 (KLR)
The court found that the application for bail pending appeal was meritorious, having considered the submissions of counsel and the medical documents filed in support. The absence of opposition from the prosecution further supported the grant of bail. The court exercised its discretion to admit the appellant to bond...
Source-derived case information.
- Citation
- [2017] KEHC 301 (KLR)
- Parties
- Appellant: Loise Gathoni Ngugi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 4 of 2017
- Procedural Posture
- Criminal Appeal / Application for Bail Pending Appeal
- Outcome
- Application for bail pending appeal allowed.
- Judges
- JV Juma
- Legal Topics
- Bail Pending Appeal, Forgery Offences, Penal Code Section 349
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Loise Gathoni Ngugi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Bail Pending Appeal
Legal Issues
- 1 Whether the appellant should be granted bail pending the determination of her criminal appeal.
Ratio Decidendi
The court found that the application for bail pending appeal was meritorious, having considered the submissions of counsel and the medical documents filed in support. The absence of opposition from the prosecution further supported the grant of bail. The court exercised its discretion to admit the appellant to bond pending the determination of her appeal.
Court Disposition
Application for bail pending appeal allowed.
Orders
- The appellant is admitted to a bond of Ksh 300,000 plus one surety during the pendency of her appeal.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL APPEAL NO. 4 OF 2017
LOISE GATHONI NGUGI...................APPELLANT
VERSUS
REPUBLIC.........................................................STATE
RULING
The appellant LOISE GATHONI has through her advocate sought to be released on bail during the pendancy of her appeal. The appellant had been tried and convicted of the Offence of Forgery Contrary to Section 349 of the Penal Code vide Nakuru CMCC No. 5538 of 2010.
The application was not opposed by Mr. Chigiti for the DPP. I have considered the submissions made by counsel in support of this application. I have perused the medical documents filed in support. I am satisfied that this present application has merit and I allow the same. The appellant is admitted to a bond of Ksh 300,000/= plus 1 surety during the pendancy of her appeal.
It is so ordered.
Dated and Delivered in Nakuru this 17th day of February, 2017.
Mr. Waiganjo for Appellant
Hearing on Appellant on 8/5/2017
Maureen A. Odero
Judge