[2022] KEHC 26885 (KLR)
The court found that since there was no objection from the respondent and no submissions were filed by either party, and having considered the lower court proceedings, judgment, and grounds of appeal, it was just to allow the application for bond pending appeal. The appellant was therefore granted bond on specified...
Source-derived case information.
- Citation
- [2022] KEHC 26885 (KLR)
- Parties
- Appellant: Peter Mashombo Taro; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E033 of 2021
- Procedural Posture
- Criminal Appeal / Ruling on Application for Bond Pending Appeal
- Outcome
- Application for bond pending appeal allowed.
- Legal Topics
- Bail Pending Appeal, Bond Terms, Appellate Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Mashombo Taro
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Application for Bond Pending Appeal
Legal Issues
- 1 Whether the appellant should be released on bond pending the hearing and determination of the appeal.
Ratio Decidendi
The court found that since there was no objection from the respondent and no submissions were filed by either party, and having considered the lower court proceedings, judgment, and grounds of appeal, it was just to allow the application for bond pending appeal. The appellant was therefore granted bond on specified terms.
Court Disposition
Application for bond pending appeal allowed.
Orders
- The appellant may be released on a bond of Kshs.50,000 with a surety of a similar amount.
- Mention set for 27/01/2022 for direction on disposal of appeal.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT VOI
CRIMINAL DIVISION
CRIMINAL APPEAL NO. E033 OF 2021
PETER MASHOMBO TARO.......................................................................APPELLANT
-VS-
REPUBLIC..................................................................................................RESPONDENT
(An appeal from the judgment of Hon. C. Kithinji Principal Magistrate, delivered on 5th day of August, 2021 in Voi Magistrate’s Court Criminal Case No. 1092 of 2019).
R U L I N G
1. The Appellant vide application dated 3rd December 2021 seeks to be released on bond pending the hearing and determination of his appeal herein.
2. The Respondent was granted leave to file and serve response within 7 days from 9/12/2021 and subsequently parties to file submissions within 7 days.
3. A perusal of the file herein shows the Respondent has not filed a response and no party has filed written submissions.
4. I have considered the proceedings in the lower courts and the judgment as well as grounds of appeal and there being no objection to the application, the application to release Appellant on bond pending appeal is allowed.
5. The Appellant may be released on a bond of Kshs.50,000/= with a surety of a similar amount. Mention – 27/01/2022 for direction on how to dispose of appeal.
DATED, SIGNED AND DELIVERED BY EMAIL THIS 13TH DAY OF JANUARY 2022.
HON. LADY JUSTICE A. ONG’INJO
JUDGE
In the presence of:
Court Assistant - Ogwel
Advocate for Appellant – Mr. Mwazighe
Advocate for Respondent – Ms. Kambaga hold brief for Mr. Mulamula for state
Hon. Lady Justice A. Ong’injo J
Court: To be transmitted to Voi Court by email.
Hon. Lady Justice A. Ong’injo
Judge