[2024] KEHC 9873 (KLR)
The court found that the application for bail pending appeal was unopposed and that the applicant had been on bond in the lower court. The court noted that no prejudice would be caused to the respondent if the applicant was released on the same bond terms. The court further considered that the applicant was not...
Source-derived case information.
- Citation
- [2024] KEHC 9873 (KLR)
- Parties
- Appellant: Valentine Nasipondi Maruti; Appellant: Bethwel Kiboi Kipruto; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E053 of 2024
- Procedural Posture
- Criminal Appeal / Ruling on Bail Pending Appeal
- Outcome
- application for bail pending appeal granted
- Judges
- REA Ougo
- Legal Topics
- Bail Pending Appeal, Right to Fair Trial, Plea Taking Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Valentine Nasipondi Maruti
Appellant
Bethwel Kiboi Kipruto
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to bail pending appeal under section 357(1) of the Criminal Procedure Code.
- 2 Whether the applicant's right to fair trial was violated during plea taking.
Ratio Decidendi
The court found that the application for bail pending appeal was unopposed and that the applicant had been on bond in the lower court. The court noted that no prejudice would be caused to the respondent if the applicant was released on the same bond terms. The court further considered that the applicant was not informed of her right to representation at plea taking, which raised a fair trial concern. Accordingly, the court exercised its discretion under section 357(1) of the Criminal Procedure Code to grant the application for release on bond pending appeal.
Court Disposition
application for bail pending appeal granted
Orders
- The applicant shall be released on her bond of Kshs. 100,000 plus one surety of like amount.
- The applicant shall attend court as directed by the court.
Full Case Text
Judgment text and source record
22 paragraphs
Maruti & another v Republic (Criminal Appeal E053 of 2024) [2024] KEHC 9873 (KLR) (10 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9873 (KLR)
Republic of Kenya
In the High Court at Bungoma
Criminal Appeal E053 of 2024
REA Ougo, J
July 10, 2024
Between
Valentine Nasipondi Maruti
1st Appellant
Bethwel Kiboi Kipruto
2nd Appellant
and
Republic
Respondent
Ruling
1. Valentine Nasipwondi Maruti, the 1st appellant/applicant vide an application dated the 9th May 2024 seeks an order that she be released on a personal recognizance on the undertaking that she will appear in court as and when required pending appeal. The application is supported by the applicant's affidavit dated 9. 3.2024. The applicant states that she has filed an appeal against the conviction and sentence by the SPM Court at Kimilili. She relies on section 357 (1) of the Criminal Procedure Code. She claims that her appeal has an overwhelming chance of success. That the trial magistrate erred in law and fact when she proceeded to convict the applicant in proceedings that were conducted without ascertaining whether or not the applicant understood what was read to her.
2. The respondent did not oppose the application. Miss Matere submitted that they have no objection, as at the time the applicant took the plea she was not informed of her right of representation.
3. The applicant’s application is not opposed for good reasons. Section 357 (1) of the Criminal Procedure Code provides as follows; After the entering of an appeal by a person entitled to appeal, the High Court, or the subordinate court which convicted or sentenced that person, may order that he be released on bail with or without sureties, or, if that person is not released on bail, shall at his request order that the execution of the sentence or order appealed against shall be suspended pending the hearing of his appeal:
4. I note that the applicant was on bond in the lower court of the sum of Kshs. 100,000/- ( one hundred thousand). No prejudice will be caused, to the respondent if she is released on the same bond terms.
5. Thus, I grant the applicant’s application as follows; the applicant shall be released on her bond of Kshs. 100,000/- plus one surety of like amount. The applicant shall attend court as directed by the court.
DATED, SIGNED, AND DELIVERED VIRTUALLY AT BUNGOMA THIS 10TH DAY OF JULY 2024. R.E.OUGOJUDGEIn the presence of:Valentine Nasipondi Maruti/ Appellant/ Applicant in personMiss Matere -State Counsel ODDPWilkister/ Diana - C/A