[2009] KEHC 1585 (KLR)
The court found that the applicant is a university student and therefore unlikely to abscond. The court also determined that the applicant has an arguable appeal. On this basis, the court exercised its discretion to grant bail pending appeal and to suspend the sentence in Traffic Case No. 6603 of 2007. The court...
Source-derived case information.
- Citation
- [2009] KEHC 1585 (KLR)
- Parties
- Applicant: Peter Waruinge Kagunda; Respondent: Republic of Kenya
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 369 of 2009
- Procedural Posture
- Criminal Appeal / Ruling on Bail Pending Appeal
- Outcome
- Application allowed. Bail granted pending appeal.
- Judges
- A. Ong’injo
- Legal Topics
- Bail Pending Appeal, Suspension of Sentence, Bond Conditions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Waruinge Kagunda
Applicant
Republic of Kenya
Respondent
Procedural Posture
Criminal Appeal / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the applicant should be granted bail pending the hearing and determination of the appeal.
- 2 Whether the sentence in Traffic Case No. 6603 of 2007 should be suspended pending appeal.
- 3 Whether the applicant is likely to abscond if released on bail.
Ratio Decidendi
The court found that the applicant is a university student and therefore unlikely to abscond. The court also determined that the applicant has an arguable appeal. On this basis, the court exercised its discretion to grant bail pending appeal and to suspend the sentence in Traffic Case No. 6603 of 2007. The court further ordered that the applicant be released on a bond of Kshs.200,000 with a surety to be approved by the Chief Magistrate, Central Registry, High Court. The orders were to be served on the Officer Commanding Thika G.K. Prisons for compliance.
Court Disposition
Application allowed. Bail granted pending appeal.
Orders
- Pending the hearing and determination of this application, the sentence in Traffic Case No. 6603 of 2007 – Thika is suspended and the appellant is released on bond.
- The appellant is admitted to bail pending the hearing and determination of the appeal. The applicant is to be released on a bond of Kshs.200,000 with a surety to be approved by the Chief Magistrate, Central Registry, High Court.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Criminal Appeal 369 of 2009
PETER WARUINGE KAGUNDA……………………………………..APPLICANT
VERSUS
REPUBLIC OF KENYA…………………………..……………..….RESPONDENT
R U L I N G
The application has been brought through Chamber Summons under the High Court Vacation Practice and Procedure Rules and Sections 3(3), 347, 356 and 357 of the Criminal Procedure Code, Cap. 75 Laws of Kenya and all other enabling provisions of the law. The said application seeks the following prayers:
(a) THAT pending the hearing and determination of this Application, the sentence in Traffic Case No. 6603 of 2007 – Thika be suspended and the Appellant be released on bond.
(b) THAT this Honourable Court do Order the Appellant herein be admitted to bail pending the hearing and determination of this Appeal.
(c) THAT the Officer Commanding Thika G.K. Prisons be served with the Orders herein for Compliance.
During the hearing of the application, Mr. Momanyi, Counsel for the Appellant informed the court that his client is a student at Kabarak University. Apart from the above, he also informed the court that the Applicant had earlier been charged for a criminal offence and that he had been fined Kshs.80,000/- and in default, one year’s imprisonment. The appellant’s counsel is of the opinion that the appeal has high chances of success. Though Mr. Okeyo, the State Counsel stated that the appellant had not filed the petition of appeal, the record shows otherwise. Besides the above, the learned State Counsel expressed fear that the Appellant may abscond due to the fact that he had been charged for a serious offence.
After carefully considering the application together with the documents, the court finds that the accused is a university student and hence unlikely to abscond. Secondly, the Applicant has an arguable appeal and hence he should be granted an opportunity to proceed with the same. In view of the above, I hereby grant the following prayers: -
(a) THAT pending the hearing and determination of this application the sentence in Traffic Case No. 6603 of 2007 – Thika be suspended and the Appellant be released on bond.
(b) THAT the Appellant herein be admitted to bail pending the hearing and determination of this Appeal. That the Applicant be released on a bond of Kshs.200,000 with a surety to be approved by the Chief Magistrate, Central Registry, High Court.
(c) That the Officer Commanding Thika G.K. Prisons be served with the orders herein for compliance.
MUGA APONDI
JUDGE
Ruling read signed and delivered in open court in the presence of:
Mr. Nyakundi for State Counsel – Present
Mr. Momanyi - Counsel for Applicant - Absent
MUGA APONDI
JUDGE
25TH SEPTEMBER 2009