[2010] KEHC 3391 (KLR)
The court found that the applicant had demonstrated sufficient grounds for the grant of bail pending appeal, particularly considering the risk that the sentence may be served before the appeal is determined. The court also took into account that the applicant had previously been admitted to bail during the trial in...
Source-derived case information.
- Citation
- [2010] KEHC 3391 (KLR)
- Parties
- Appellant: Stephen Mwangi Waweru; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 45 of 2010
- Procedural Posture
- Criminal Appeal / Application for Bail Pending Appeal
- Outcome
- Application for bail pending appeal allowed.
- Legal Topics
- Bail Pending Appeal, Possession of Narcotics, Sentencing, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Mwangi Waweru
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Bail Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to bail pending appeal.
- 2 Whether the appeal has overwhelming chances of success.
- 3 Whether the sentence may be served before the appeal is heard if bail is not granted.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient grounds for the grant of bail pending appeal, particularly considering the risk that the sentence may be served before the appeal is determined. The court also took into account that the applicant had previously been admitted to bail during the trial in the lower court. The application was therefore allowed, and the applicant was admitted to bail on condition of payment of cash bail in the sum of KES 50,000.
Court Disposition
Application for bail pending appeal allowed.
Orders
- The applicant is admitted to bail pending the hearing of the appeal on condition that he shall pay cash bail in the sum of KES 50,000.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Criminal Appeal 45 of 2010
STEPHEN MWANGI WAWERU…………....………………APPELLANT
VERSUS
REPUBLIC………………………………………………….RESPONDENT
R U L I N G
The application dated 29th January 2010 seeks order for bail pending appeal or in the alternative the court do suspend the sentence pending the hearing of the appeal.
The application is supported by affidavit of Ms C.W. Maina Advocate confirming that the Appeal by the applicant was filed on 29th January 2010. She swears that the appeal has overwhelming chances of success. If bail is not granted the sentence may be served before appeal is heard. The applicant was charged with 3 counts of being in possession of Bhang. The applicant was sentenced to 2 years imprisonment on 30th September 2009. Therefore if he is not admitted to bail the sentence may be served before Appeal is heard. The record shows that the appellants were admitted to bail during the trial in the lower court.
I have considered the submissions of Counsel. I order the applicant be admitted to bail pending the hearing of the appeal on condition that he shall pay cash bail in the sum of shs.50,000/=
It is so ordered.
Dated and delivered at Nairobi this 18th March 2010.
J. N. KHAMINWA
JUDGE