[2009] KEHC 1006 (KLR)

[2009] KEHC 1006 (KLR)

The court found that the appeal had good chances of success because the threatening words alleged were not specified in the charge sheet, were not extracted from the mobile phones, and there was no exhibit in the court file to support that the words were ever written or sent to the complainant. The paraphrased words...

Source-derived case information.

Citation
[2009] KEHC 1006 (KLR)
Parties
Appellant: Nancy Wanja Kithaka; Respondent: Republic
Court
High Court
Court Station
High Court at Embu
Jurisdiction
Kenya
Judgment Date
12 November 2009
Case Number
Criminal Appeal 148 of 2009
Procedural Posture
Criminal Appeal / Bail Pending Appeal Application
Outcome
application_allowed
Judges
J Karanja
Legal Topics
Bail Pending Appeal, Threats Offence, Evidence Evaluation
Source Language
english
Criminal Law Bail Pending Appeal Threats Offence Evidence Evaluation

Source-derived case record

Summary, issues, holding and outcome

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Parties

Nancy Wanja Kithaka

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Bail Pending Appeal Application

Legal Issues

  1. 1 Whether the appellant is entitled to bail pending appeal.
  2. 2 Whether the appeal has overwhelming chances of success.
  3. 3 Whether the evidence on record supports the conviction for threatening to kill.

Ratio Decidendi

The court found that the appeal had good chances of success because the threatening words alleged were not specified in the charge sheet, were not extracted from the mobile phones, and there was no exhibit in the court file to support that the words were ever written or sent to the complainant. The paraphrased words by the complainant did not amount to a threat to kill. The respondent's concession to the application was deemed proper. Consequently, the court allowed the application for bail pending appeal.

Court Disposition

application_allowed

Orders

  • The applicant is released upon signing her own bond of 20,000 KES to appear for mention before the Deputy Registrar on a date to be assigned.