[2005] KEHC 442 (KLR)
The court granted bail pending appeal because the respondent did not oppose the application and conceded that the draft Petition of Appeal demonstrated overwhelming chances of success. The court also considered that the applicant would have served a substantial portion of his sentence before the appeal was heard....
Source-derived case information.
- Citation
- [2005] KEHC 442 (KLR)
- Parties
- Applicant: Moses Muigai Kariuki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 35 of 2005
- Procedural Posture
- Criminal Application / Application for Bail Pending Appeal
- Outcome
- Application allowed. Applicant granted bond pending appeal.
- Legal Topics
- Bail Pending Appeal, Suspension of Sentence, Appeal Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Moses Muigai Kariuki
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Bail Pending Appeal
Legal Issues
- 1 Whether the applicant should be released on bail pending the determination of his appeal.
- 2 Whether the execution of the sentence should be suspended pending the hearing and determination of the appeal.
Ratio Decidendi
The court granted bail pending appeal because the respondent did not oppose the application and conceded that the draft Petition of Appeal demonstrated overwhelming chances of success. The court also considered that the applicant would have served a substantial portion of his sentence before the appeal was heard. Therefore, the applicant was granted bond with sureties, and the appeal was admitted for hearing before a judge within 60 days.
Court Disposition
Application allowed. Applicant granted bond pending appeal.
Orders
- Applicant granted bond of Kshs. 50,000 with two sureties to be approved by the Deputy Registrar, Nakuru.
- Appeal admitted to hearing before one Judge in Nakuru High Court.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU Criminal Appli 35 of 2005
MOSES MUIGAI KARIUKI…………APPLICANT
VERSUS
REPUBLIC……..……………….RESPONDENT
R U L I N G
The Application has been brought through Notice of Motion under Section 357 of the Criminal Procedure Code, Cap 75, Laws of Kenya. The application seeks the following orders:-
(a)That the Appellant be released on bail pendingthe determination of the appeal filed herein.
(b)That in the alternative this Honourable Courtdo order that the execution of sentence besuspended pending the hearing and determinationof the Applicant’s appeal.
The application is based on the grounds that are shown on the surface of the same.
During the hearing of the application, the Assistant Deputy Public
Prosecutor never objected to the same on the ground that the Applicant will have served a substantial portion of his sentence before his appeal is heard. He also conceded that the draft Petition of Appeal had demonstrated that the intended appeal had overwhelming chances of success.
In view of the sentiments expressed by Mr. Gumo, the Court hereby grants the Applicant, a Bond of Kshs.50,000/- with 2 Sureties to be approved by the Deputy Registrar, Nakuru. The appeal is also admitted to hearing before one Judge in Nakuru High Court.
ORDER
The Criminal Registry is hereby directed to fix the appeal for hearing before any Judge within the next 60 days.
MUGA APONDI
JUDGE
5TH MAY, 2005
Ruling read signed and delivered in open Court in the presence of Mr. Gumo for State and Mr. Orina for applicant.
MUGA APONDI
JUDGE
5TH MAY, 2005