[2022] KEHC 2917 (KLR)
The court found that, upon considering the grounds of appeal, the judgment of the trial court, and the appellant's submissions, it was not satisfied that the appeal had a likelihood of success. Therefore, the application for bond pending appeal was dismissed as the threshold for granting such bond had not been met.
Source-derived case information.
- Citation
- [2022] KEHC 2917 (KLR)
- Parties
- Appellant: Samuel Muhia Wairimu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E046 of 2021
- Procedural Posture
- Criminal Appeal / Ruling on Application for Bond Pending Appeal
- Outcome
- application dismissed
- Legal Topics
- Bail Pending Appeal, Sexual Offences, Appellate Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Muhia Wairimu
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 his appeal.
Ratio Decidendi
The court found that, upon considering the grounds of appeal, the judgment of the trial court, and the appellant's submissions, it was not satisfied that the appeal had a likelihood of success. Therefore, the application for bond pending appeal was dismissed as the threshold for granting such bond had not been met.
Court Disposition
application dismissed
Orders
- The application for bond pending appeal is dismissed.
- Mention set for 27/01/2022 for directions.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT VOI
CRIMINAL DIVISION
CRIMINAL APPEAL NO. E046 OF 2021
SAMUEL MUHIA WAIRIMU…………….………………………….APPELLANT
-VERSUS-
REPUBLIC.………………………………………………………….RESPONDENT
(An appeal from the judgment of Hon. C. Kithinji Principal Magistrate, delivered on 30th day of November, 2021 in Voi Magistrate’s Court Sexual Offences Case No. E006 of 2020).
R U L I N G
1. The Appellant Samuel Muhia Wairimu filed application dated 1st December 2021 seeking that he be released on bond pending hearing and determination of his appeal.
2. Although the Respondent didn’t file a response, I have considered the grounds of appeal, judgment of the trial court as well as Appellants submissions and found that this court is not satisfied that the appeal has likelihood of success. In the circumstances the application is dismissed.
3. Mention – 27/01/2022 for directions. Deputy Registrar to avail lower court file.
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.
Court: To be transmitted by email to Voi Court.
Hon. Lady Justice A. Ong’injo
Judge