[2013] KEHC 1571 (KLR)
The court, applying the principles from Mwaura v Republic (1986) KLR 600, found that the applicant had demonstrated sufficient grounds for the grant of bail pending appeal. The applicant's fixed place of abode, willingness to comply with bail terms, and the absence of opposition from the State were considered. The...
Source-derived case information.
- Citation
- [2013] KEHC 1571 (KLR)
- Parties
- Respondent: Republic; Applicant: Thomas Mwanzia Musila
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 82 of 2010
- Procedural Posture
- Bail Application / Ruling on Bail Pending Appeal
- Outcome
- bail pending appeal granted
- Judges
- BT Jaden
- Legal Topics
- Bail Pending Appeal, Narcotic Drugs Possession, Sentencing, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Thomas Mwanzia Musila
Applicant
Procedural Posture
Bail Application / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to bail pending appeal.
- 2 Whether exceptional circumstances exist to justify the grant of bail pending appeal.
Ratio Decidendi
The court, applying the principles from Mwaura v Republic (1986) KLR 600, found that the applicant had demonstrated sufficient grounds for the grant of bail pending appeal. The applicant's fixed place of abode, willingness to comply with bail terms, and the absence of opposition from the State were considered. The court was satisfied that the risk of absconding was minimal and that no evidence suggested the applicant would interfere with witnesses. Consequently, the balance of considerations tilted in favour of granting bail.
Court Disposition
bail pending appeal granted
Orders
- The appellant is released on a cash bail of Kshs.50,000.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CRIMINAL CASE NO. 82 OF 2010
REPUBLIC ……………………………………………………… RESPONDENT
VERSUS
GEORGE OGUTU …………………………………. ACCUSED/APPLICANT
R U L I N G
The Appellant, Thomas Mwanzia Musila, was convicted on his own plea of guilty for the offence of being in possession of narcotic drugs to wit fourteen (14) rolls of cannabis sativa (bhang) and sentenced to seven (7) years imprisonment on 12/7/2012.
In an application dated 27/3/2013, the Applicant applied for bail pending appeal. The application is premised on the grounds that the appeal has overwhelming chances of appeal. The Applicant has averred that he has a fixed place of abode and is willing to abide with the terms of bail/bond. The State is not opposed to the application.
I have considered the application. I have also perused the lower court proceedings.
I have borne I mind for the grant or refusal of bail pending appeal as set out in in Mwaura v Republic (1986) KLR 600. The said principles include the following; the nature of the offence, the strength of the evidence, the character or behavior or an accused and the seriousness of the punishment to be meted if the accused is found guilty. The primary underlying consideration is whether the accused will turn up at the appointed place and time for his trial. The court further held that in the exercise of its discretion, if certain exceptional circumstances personal to the accused exist which when weighed against the risk of the accused absconding, the balance will tilt in favour of granting bail. Another factor that the court will consider is whether the accused will interfere with witnesses if he is released on bond.
I am inclined to grant bail in this case. I order that the Appellant be released on a cash bail of Kshs.50,000/=.
………………………………………
B. THURANIRA JADEN
JUDGE
Dated and delivered at Machakos this 20thday of September 2013.
………………………………………
B. THURANIRA JADEN
JUDGE