[2001] KEHC 255 (KLR)
The court found that the application for bail pending appeal was not without merit, particularly considering the applicant's assertion that his appeal had high chances of success. After considering the affidavit in support and submissions from both parties, the court exercised its discretion to grant bail, ordering...
Source-derived case information.
- Citation
- [2001] KEHC 255 (KLR)
- Parties
- Appellant: Stephen Musili Kilonzo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 590 of ??
- Procedural Posture
- Criminal Appeal / Application for Bail Pending Appeal
- Outcome
- Application allowed; applicant released on bond pending appeal.
- Legal Topics
- Bail Pending Appeal, Release on Bond, Appeal Success Probability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Musili Kilonzo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Bail Pending Appeal
Legal Issues
- 1 Whether the applicant should be granted bail pending the hearing and determination of his appeal.
Ratio Decidendi
The court found that the application for bail pending appeal was not without merit, particularly considering the applicant's assertion that his appeal had high chances of success. After considering the affidavit in support and submissions from both parties, the court exercised its discretion to grant bail, ordering the applicant's release on his own bond with sureties.
Court Disposition
Application allowed; applicant released on bond pending appeal.
Orders
- The applicant is released on his own bond of Kshs.500,000 with two sureties of similar amount.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
APPELLATE SIDE
CRIMINAL APPEAL NO.590 OF 2000
(From Original Conviction and Sentence in Criminal Case No.3363 of 2000 of the Chief
Magistrate’s Court at Mombasa –H. Njiru, Esq., - S.R.M.)
STEPHEN MUSILI KILONZO……………………………..APPELLANT =V E R S U S= REPUBLIC………………………………………………….RESPONDENT
R U L I N G
This application by way of Notice of Motion seeks orders that the Applicant be released on bail pending the hearing and determination of his appeal. The application is supported by sworn Affidavit of the Applicant. The main ground of this application is that the Applicant’s appeal has high chances of success.
I have considered the application as well as the Affidavit in support and the submissions by both counsel for the Applicant and the Learned State Counsel and it cannot be said that this application lacks in merit. I allow it and order that the Applicant be released on his own bond of Kshs.500,000/- with two sureties of similar amount.
Dated and delivered at Mombaa this 3rd day of October, 2001.
J.L.A. OSIEMO
J U D G E