[2012] KEHC 2725 (KLR)
The court found that the applicant had established a prima facie appeal and that the application for bail pending appeal was brought without undue delay. The judge exercised discretion in favor of the applicant, noting that the right to bail pending appeal is constitutional and that the circumstances justified the...
Source-derived case information.
- Citation
- [2012] KEHC 2725 (KLR)
- Parties
- Appellant: Mark Odhiambo Okoko; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 73 of 2012
- Procedural Posture
- Criminal Appeal / Ruling on Bail Pending Appeal
- Outcome
- bail pending appeal granted
- Legal Topics
- Bail Pending Appeal, Grievous Harm, Right of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mark Odhiambo Okoko
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to bail pending appeal.
- 2 Whether the application for bail pending appeal was brought without undue delay.
- 3 Whether the applicant has established a prima facie appeal.
Ratio Decidendi
The court found that the applicant had established a prima facie appeal and that the application for bail pending appeal was brought without undue delay. The judge exercised discretion in favor of the applicant, noting that the right to bail pending appeal is constitutional and that the circumstances justified the grant of bail. The court was satisfied that the applicant met the threshold for bail pending appeal and ordered his release on bond or cash bail, pending the hearing and determination of the appeal.
Court Disposition
bail pending appeal granted
Orders
- The appellant be released on a bond of Kshs. 500,000 with one surety of similar amount or a cash bail of Kshs. 100,000.
- The applicant should proceed to prepare the lower court proceedings for directions and subsequent hearing.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
Criminal Case 73 of 2012
MARK ODHIAMBO OKOKO …....................................................................APPELLANT
VERSUS
REPUBLIC …..........................................................................................RESPONDENT
(From original conviction and sentence in Criminal Case number 1434 of 2010 of the Principal Magistrate’s Court at Maseno– Mr. J. M. Nangea Esq.)
RULING
The applicant\'s application dated 11th July 2012 prays that the applicant be granted bail pending appeal. The applicant was charged with the offence of grievous harm contrary to Section 234 of the Penal Code. He was convicted and sentenced to serve a three (3) years imprisonment.
I have perused the proceedings as well as the judgment on record. I also perused the supporting affidavit. The right of appeal as well as bail pending appeal is a constitutional right of every individual.
I am satisfied that the applicant has established a prima facie appeal. I am also satisfied that this application has been brought without undue delay.
For the foregoing reasons I order that the appellant be released on a bond of Kshs. 500,000 with one surety of similar amount or a cash bail of Kshs. 100,000/=. Since the lower proceedings are already in place the applicant should proceed to prepare the same for directions and subsequent hearing.
Dated, signed and delivered at Kisumu this 25th day of July 2012
H. K. CHEMITEI JUDGE
In the presence of:
…………………………………State Counsel
…………………………….…Advocate for Appellant
HKC/aao