[2025] KEHC 4608 (KLR)
The court found that the applicant had been sentenced to a custodial term without the option of a fine, had already served two months, and there was a real risk she could serve the entire sentence before her appeal was heard. The applicant was not a flight risk, was elderly, and suffered from medical conditions. The...
Source-derived case information.
- Citation
- [2025] KEHC 4608 (KLR)
- Parties
- Appellant: Judy Muthoni Magondu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E015 of 2025
- Procedural Posture
- Criminal Appeal / Ruling on Bail Pending Appeal
- Outcome
- Application for bail pending appeal allowed.
- Judges
- MA Odero
- Legal Topics
- Bail Pending Appeal, Intermeddling With Estate, Law of Succession, Sentencing, Appeal Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Judy Muthoni Magondu
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to bail pending the hearing and determination of her criminal appeal.
- 2 Whether there is a risk that the applicant will serve the entire sentence before the appeal is heard.
- 3 Whether the applicant is a flight risk.
Ratio Decidendi
The court found that the applicant had been sentenced to a custodial term without the option of a fine, had already served two months, and there was a real risk she could serve the entire sentence before her appeal was heard. The applicant was not a flight risk, was elderly, and suffered from medical conditions. The court was satisfied that the appeal was arguable and that the application for bail pending appeal was merited. Accordingly, the applicant was admitted to bail pending appeal on specified terms.
Court Disposition
Application for bail pending appeal allowed.
Orders
- Applicant admitted to bail pending appeal in the amount of Kshs. 200,000 with one surety of a like sum or in the alternative a cash bail of Kshs. 100,000.
Full Case Text
Judgment text and source record
25 paragraphs
Magondu v Republic (Criminal Appeal E015 of 2025) [2025] KEHC 4608 (KLR) (10 April 2025) (Ruling)
Neutral citation: [2025] KEHC 4608 (KLR)
Republic of Kenya
In the High Court at Nyeri
Criminal Appeal E015 of 2025
MA Odero, J
April 10, 2025
FROM ORIGINAL CONVICTION AND SENTENCE IN CRIMINAL CASE NO. E270 OF 2016 OF THE SPM MAGISTRATE’S COURT AT KARATINA
Between
Judy Muthoni Magondu
Appellant
and
Republic
Respondent
Ruling
1. The Applicant Judy Muthoni Magondu has filed an application seeking to be admitted to bail pending the hearing and determination of her appeal.
2. The Applicant had been charged with the offence of Intermeddling with the Property of the Deceased Person contrary to Section 45(1) and 2(a) of the Law of Succession Act.
3. Following the hearing of the matter Hon E. Kanyiri, Principal Magistrate convicted the Applicant and thereafter sentenced her to serve one (1) year imprisonment without the option of a fine.
4. Being aggrieved by both the conviction and sentence the Applicant filed a Petition of Appeal dated 26th February 2025. She now seeks to be admitted to bail pending the hearing and determination of the Appeal.
5. The learned state Counsel did not oppose the application for bail pending appeal.
6. It is not the duty of the court at this stage to delve into the merits or otherwise of the intended appeal. All that the court needs to determine is whether the application for bail pending appeal is merited.
7. I have considered this application, I noted that the Applicant was slapped with a custodial sentence with no option of a fine. I note from the record that the Applicant is one of the Administrators of the estate whilst the complainant was a ‘purchaser’ and not a beneficiary to the estate. There is no indication that Applicant is a flight risk.
8. I have perused the Petition of Appeal and in my view the Applicant has an arguable appeal. The Applicant is a 64 year old woman and she has submitted medical documents indicating that she suffers from hypertension and chronic back pain. The applicant has already been in custody for two (2) months. There is the very real risk that she may end up serving the entire sentence before her appeal is heard and determined.
9. Taking all relevant factors into account am satisfied that this application is merited. I hereby admit the Applicant to bail pending appeal in the amount of Kshs. 200,000/= + one surety of a like sum or in the alternative a cash bail of Kshs. 100,000. It is so ordered.
DATED IN NYERI THIS 10TH DAY OF APRIL 2025. .......................................MAUREEN O. ODEROJUDGE