[2022] KEHC 813 (KLR)
The court found that, considering the circumstances under which the offence was committed and the evidence on record, the case was suitable for the release of the applicant on bond pending appeal. The court exercised its discretion under Section 357 of the Criminal Procedure Code, determining that the applicant...
Source-derived case information.
- Citation
- [2022] KEHC 813 (KLR)
- Parties
- Applicant: Renson Mogusu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E001 of 2022
- Procedural Posture
- Miscellaneous Application / Application for Bail Pending Appeal
- Outcome
- Application for bail pending appeal allowed.
- Legal Topics
- Bail Pending Appeal, Grievous Harm Offence, Sentencing, Conviction Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Renson Mogusu
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Application for Bail Pending Appeal
Legal Issues
- 1 Whether the applicant should be granted bail pending the hearing and determination of his criminal appeal.
- 2 Whether the circumstances of the offence and evidence on record justify release on bond pending appeal.
Ratio Decidendi
The court found that, considering the circumstances under which the offence was committed and the evidence on record, the case was suitable for the release of the applicant on bond pending appeal. The court exercised its discretion under Section 357 of the Criminal Procedure Code, determining that the applicant could be released on bond of Kshs. 50,000 with one surety of a similar amount, subject to examination of the surety in the appeal file. The court also imposed a condition that the applicant must attend court monthly until the appeal is heard and determined.
Court Disposition
Application for bail pending appeal allowed.
Orders
- Applicant to be released on bond of Kshs. 50,000 with one surety of a similar amount.
- Examination of surety to be processed in appeal file No. E099 of 2021.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
MISC. CRIMINAL APPLICATION NO. E001 OF 2022
RENSON MOGUSU..............................................................................................APPLICANT
VERSUS
REPUBLIC........................................................................................................RESPONDENT
R U L I N G
1. The Applicant Renson Mogusu by an application dated 12th January 2022 sought for orders of release on bail pending hearing and determination of High Court Criminal Appeal No. 99 of 2021 pursuant to Section 357 of the Criminal Procedure Code.
2. The Applicant was charged in Mombasa CMC CR. Case No. 1836 of 2018 with the offence of grievous harm contrary to Section 234 of the penal code. Particulars were that the Applicant on 22nd day of September 2018 at Majengo area in Mvita Sub-County within Mombasa County unlawfully did grievous harm to David Waithaka.
3. The Applicant was convicted and sentenced to serve 5 years imprisonment. Being aggrieved by the conviction and sentence he preferred appeal no. E099 of 2021 and also filed current application for bond pending appeal.
4. I have considered the application and in consideration of the circumstances under which the offence was committed and the evidence on record this court is of the opinion that this is a case suitable for release of applicant on bond pending appeal. He may be released on bond of Kshs.50,000/- with one surety of a similar amount. Examination of surety to be processed in the appeal file No. E099 of 2021.
5. Applicant/Appellant to attend court monthly until the appeal is heard and determined. The Deputy Registrar to fix a date for mention when directions on the hearing of appeal shall be given.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 24TH DAY OF MARCH 2022
HON. LADY JUSTICE A. ONG’INJO
JUDGE
IN THE PRESENCE OF:-
OGWEL- COURT ASSISTANT
MR. BIKUNDO ADVOCATE FOR APPLICANT
MR. NGIRI FOR RESPONDENT
APPLICANT – PRESENT IN PERSON
HON. LADY JUSTICE A. ONG’INJO
JUDGE