[2016] KEHC 2075 (KLR)
The court found that although the appellant does not have an automatic right to bail pending appeal, the application was not opposed by the State. The court exercised its discretion in favour of the appellant, considering that the offence is bailable and the appellant has demonstrated willingness to abide by bail...
Source-derived case information.
- Citation
- [2016] KEHC 2075 (KLR)
- Parties
- Appellant: Paul Thiga Ngamenya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application 78 of 2016
- Procedural Posture
- Criminal Miscellaneous Application / Application for Bail Pending Appeal
- Outcome
- Application for bail pending appeal allowed.
- Judges
- DO Ogembo
- Legal Topics
- Bail Pending Appeal, Dangerous Driving, Causing Death by Dangerous Driving
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Thiga Ngamenya
Appellant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Application for Bail Pending Appeal
Legal Issues
- 1 Whether the appellant should be granted bail pending appeal.
- 2 Whether the offence for which the appellant was convicted is bailable.
- 3 Whether the appellant is likely to abscond if granted bail.
Ratio Decidendi
The court found that although the appellant does not have an automatic right to bail pending appeal, the application was not opposed by the State. The court exercised its discretion in favour of the appellant, considering that the offence is bailable and the appellant has demonstrated willingness to abide by bail terms. The court therefore allowed the application and ordered the appellant's release on bond.
Court Disposition
Application for bail pending appeal allowed.
Orders
- The appellant shall be released on a personal bond of Kshs.100,000 with a surety of a similar amount.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
H.C.CR. MISC. APPL. 78 OF 2016
PAUL THIGA NGAMENYA ...…..…….................................APPELLANT
VERSUS
REPUBLIC .........................................................................RESPONDENT
RULING OF THE COURT
1. The Chamber Summons application before the court is dated and filed herein on 10th August 2016 seeking for orders that the Applicant be granted bail pending appeal. The application is premised on the grounds that the offence for which the Appellant is convicted is bailable; that the Appellant is the sole bread winner for his young family; that there is an overwhelming probability of the appeal succeeding and that the Appellant will not abscond bond but will abide by the terms of bail if granted.
2. The application is supported by affidavit of the Appellant sworn on 10th August 2016.
3. The Appellant was charged and convicted with 2 counts of Causing Death by Dangerous Driving contrary to Section 46 of the Traffic Act. He was jailed for 2 years on 9th may 2016 and is currently serving the term.
4. The application is not opposed by the State. The Appellant has the right of appeal. However, at this stage he has no automatic right to bond pending appeal. But since the Application is not opposed by the State the same is allowed.
5. The Appellant shall be released on a personal bond of Kshs.100,000/= with a surety of a similar amount.
This is the judgment of the court.
Dated and delivered at Machakos this 4thday of October 2016.
………………………………………
E. OGOLA
JUDGE
In the presence of;
M/S Gichuki holding brief for Otieno for applicant
Mr. Machogu for State
Court Assistant – Mr. Munyao