[2010] KEHC 3000 (KLR)
The court, after considering the submissions of both parties and perusing the lower court proceedings, found that the application for bail pending appeal had merit. The judge emphasized that granting bail at this stage does not pre-empt the outcome of the intended appeal. Consequently, the applicant was admitted to...
Source-derived case information.
- Citation
- [2010] KEHC 3000 (KLR)
- Parties
- Appellant: Peter Mukolwe Osundwa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 89 of 2010
- Procedural Posture
- Criminal Appeal / Application for Bail Pending Appeal
- Outcome
- Application for bail pending appeal allowed.
- Judges
- JV Juma
- Legal Topics
- Bail Pending Appeal, Conviction and Sentence, Traffic Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Mukolwe Osundwa
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Bail Pending Appeal
Legal Issues
- 1 Whether the applicant should be admitted to bail pending the hearing and determination of his criminal appeal.
- 2 Whether the application for bail pending appeal has merit.
Ratio Decidendi
The court, after considering the submissions of both parties and perusing the lower court proceedings, found that the application for bail pending appeal had merit. The judge emphasized that granting bail at this stage does not pre-empt the outcome of the intended appeal. Consequently, the applicant was admitted to bail pending appeal on the condition of posting bail of Kshs. 100,000 plus one surety of a similar amount.
Court Disposition
Application for bail pending appeal allowed.
Orders
- The applicant is admitted to bail pending appeal on condition that he posts bail of Kshs. 100,000 plus one surety of a similar amount.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA
Criminal Appeal 89 of 2010
PETER MUKOLWE OSUNDWA …………. APPELLANT
VERSUS
REPUBLIC ………………………………… RESPONDENT
RULING
The applicant herein seeks to be admitted to bond terms pending the hearing and determination of the appeal which he has lodged against, both his conviction and sentence by the lower court in traffic case No. 2393 of 2010. I have carefully considered the submissions of Mr. Kadima, learned counsel on behalf of the applicant. Mr. Onserio, learned state counsel has opposed this application. I have also perused the lower court proceedings. Whilst it is not my intention to pre-empt the intended appeal I am convinced that this present application has merit. The same is hereby allowed and I do admit the applicant to bail pending appeal on condition that he post bail of Kshs.100,00/= plus 1 surety of a similar amount.
Dated and Delivered in Mombasa this 31st day of March 2010.
M. ODERO
JUDGE
Read in open court in the presence of:
Mr. Monda for state
Mr. Kadima for appellant
M. ODERO
JUDGE
31. 3.2010