[2011] KEHC 1999 (KLR)
The court found that the application for bail or bond pending appeal was not merited after considering the evidence on record and the grounds of appeal. The judge determined that there were no exceptional circumstances or overwhelming chances of success demonstrated by the appellant to warrant release on bail or...
Source-derived case information.
- Citation
- [2011] KEHC 1999 (KLR)
- Parties
- Appellant: Patrick Mwarinda Makika; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 81 of 2011
- Procedural Posture
- Criminal Appeal / Application for Bail/bond Pending Appeal
- Outcome
- Application for bail/bond pending appeal dismissed.
- Judges
- JV Juma
- Legal Topics
- Bail Pending Appeal, Conviction and Sentence, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Mwarinda Makika
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Bail/bond Pending Appeal
Legal Issues
- 1 Whether the appellant is entitled to bail or bond pending the hearing and determination of his criminal appeal.
Ratio Decidendi
The court found that the application for bail or bond pending appeal was not merited after considering the evidence on record and the grounds of appeal. The judge determined that there were no exceptional circumstances or overwhelming chances of success demonstrated by the appellant to warrant release on bail or bond. Consequently, the appellant was ordered to continue serving his sentence pending the determination of the appeal.
Court Disposition
Application for bail/bond pending appeal dismissed.
Orders
- The application for bail/bond pending appeal is disallowed.
- The appellant to continue serving his sentence pending the determination of his appeal.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO. 81 OF 2011
(From Original Conviction and Sentence in Criminal Case No. 256 of 2009 of the Senior Resident Magistrate’s Court
at Mombasa: M. Kizito – S.R.M.)
PATRICK MWARINDA MAKIKA...........................................................................APPELLANT
=VERSUS=
REPUBLIC...........................................................................................................RESPONDENT
RULING
The Appellant herein PATRICK MWARINDA MAKIKA has made this application seeking to be released on bail/bond pending the hearing and determination of his appeal. I have given consideration to this application. I have also considered the evidence on record as well as the grounds of appeal listed in the attached Memorandum of Appeal. In my view the application is not merited and the same is hereby disallowed. The Appellant to continue serving his sentence pending the determination of his appeal.
Dated and Delivered in Mombasa this 15th day of June 2011.
M. ODERO
JUDGE
15. 6.2011