[2013] KEHC 2535 (KLR)
The court found that there was no evidence the appellant committed the offence while out on bond in another case, and that he had not absconded when previously admitted to bond. The appellant's claim of being diabetic and requiring a special diet was uncontroverted. The court was satisfied that the application had...
Source-derived case information.
- Citation
- [2013] KEHC 2535 (KLR)
- Parties
- Appellant: Paul Kimani Kiarie; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 111 of 2013
- Procedural Posture
- Criminal Appeal / Application for Bond Pending Appeal
- Outcome
- Application allowed; appellant admitted to bond pending appeal.
- Judges
- GO Shikwe
- Legal Topics
- Bond Pending Appeal, Bail Conditions, Health Grounds, Conviction and Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Kimani Kiarie
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Bond Pending Appeal
Legal Issues
- 1 Whether the appellant should be granted bond pending appeal.
- 2 Whether the appellant's medical condition justifies release on bond.
- 3 Whether the appellant poses a flight risk or is likely to abscond if released on bond.
Ratio Decidendi
The court found that there was no evidence the appellant committed the offence while out on bond in another case, and that he had not absconded when previously admitted to bond. The appellant's claim of being diabetic and requiring a special diet was uncontroverted. The court was satisfied that the application had merit and that the appellant should be admitted to bond pending the hearing and determination of his appeal.
Court Disposition
Application allowed; appellant admitted to bond pending appeal.
Orders
- The applicant is admitted to a bond of Ksh. 500,000 with one surety or cash bail of Ksh. 300,000 pending the hearing and determination of his appeal.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO. 111 OF 2013
PAUL KIMANI KIARIE …..........................................………..APPELLANT
VERSUS
REPUBLIC ……….……....................................................…RESPONDENT
RULING
The Appellant PAUL KIMANI KIARIE was Convicted and Sentenced to serve 15 years imprisonment for the offence of stealing contrary to section 275 of the Penal Code making a false document and uttering.
This is an application for bond pending appeal brought under section 357 of the Criminal Procedure Code.
The grounds are that the Appellant has lodged an appeal against Conviction and Sentence which has high chances of success.
It is further supported by the affidavit of the applicant who depones that he is diabetic and needs medication and a diet which is not available at the prison.
The application is opposed on the grounds that the applicant committed this offence while he was out on bond and further that he had admitted owing the amount stated in the charge sheet to the Complainant.
I have perused the record of proceedings. The Accused did not admit having committed the offence but maintains that it was a bad deal and was Conned and intends to make sure that the complainant gets back his money. There is nothing to show that he committed the offence while he was out on bond in another case. The Appellant had been admitted to bond in the lower Court and had not absconded.
He alleges that he is diabetic and requires a special diet. There is no evidence to the contrary. I find the application has merit. The Applicant is admitted to a bond of Ksh. 500,00/= with one surety or cash bail of Ksh. 300,000/= pending the hearing and determination of his appeal.
Ruling read and delivered this28th day of August, 2013.
…...............
M. MUYA
JUDGE
In the presence of:-
Counsel for the Appellant Gikandi holding brief Mburu Kariuki
Counsel for the State Mr. Tanui
Court clerk Musundi