[2013] KEHC 139 (KLR)
The court allowed the applications for bail pending appeal because the respondent did not object and agreed to the applicants being released on the same terms as those granted during the trial. The court exercised its discretion to grant bail, finding no reason to deny the application, and ordered that each...
Source-derived case information.
- Citation
- [2013] KEHC 139 (KLR)
- Parties
- Applicant: Patrick Cheruiyot Sang; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 125 of 2013
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Bond Pending Appeal
- Outcome
- Applications for bail pending appeal allowed.
- Judges
- LA Achode
- Legal Topics
- Bail Pending Appeal, Bond Terms, Appeal Procedure
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Cheruiyot Sang
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Bond Pending Appeal
Legal Issues
- 1 Whether the applicants should be granted bail pending appeal.
- 2 Whether the terms of bail should be the same as those granted during trial.
Ratio Decidendi
The court allowed the applications for bail pending appeal because the respondent did not object and agreed to the applicants being released on the same terms as those granted during the trial. The court exercised its discretion to grant bail, finding no reason to deny the application, and ordered that each applicant be released on a cash bail of Kshs. 10,000 pending the hearing of the appeal.
Court Disposition
Applications for bail pending appeal allowed.
Orders
- Each applicant in Misc. Cr. App 110 of 2013 and 125 of 2013 is released on cash bail of Kshs.10,000 pending the hearing of the appeal.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL DIVISION
MISCELLANEUS CRIMINAL APPLICATION NO. 125 OF 2013
PATRICK CHERUIYOT SANG…………………………….…..APPLICANT
VERSUS
REPUBLIC……………………………………………………..RESPONDENT
RULING
1. Misc. Cr. Application No. 110 of 2013 and Misc. Cr. Application No. 125 of 2013 were consolidated for purposes of applying for bond pending appeal.
2. The learned counsel for the respondent does not object the applications for the two applicants to be released on bail pending appeal on the same terms which availed them during trial in the lower court.
3. The applications are therefore allowed and each of the applicants in Misc. Cr. App 110 of 2013 and 125 of 2013 is released on cash bail of Kshs.10,000/= pending the hearing of the appeal.
SIGNED DATED and DELIVERED in open court this 20th day of May 2013.
L. A. ACHODE
JUDGE