[2013] KEHC 2219 (KLR)
The court found that the appellant had been sentenced to five months imprisonment on 4th July, 2013, and that there was a real likelihood he would serve the entire sentence before his appeal was heard and determined due to the shortness of the sentence. The court considered this a sufficient ground to admit the...
Source-derived case information.
- Citation
- [2013] KEHC 2219 (KLR)
- Parties
- Appellant: Stephen Wambiro Kibiro; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 119 of 2013
- Procedural Posture
- Criminal Appeal / Application for Bail Pending Appeal
- Outcome
- Application for bail pending appeal allowed.
- Judges
- GO Shikwe
- Legal Topics
- Bail Pending Appeal, Sentencing, Appeal Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Wambiro Kibiro
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Bail Pending Appeal
Legal Issues
- 1 Whether the appellant should be granted bail pending the hearing and determination of his appeal.
- 2 Whether the shortness of the sentence justifies the grant of bail pending appeal.
Ratio Decidendi
The court found that the appellant had been sentenced to five months imprisonment on 4th July, 2013, and that there was a real likelihood he would serve the entire sentence before his appeal was heard and determined due to the shortness of the sentence. The court considered this a sufficient ground to admit the appellant to bail pending appeal, as denying bail would render the appeal nugatory if the sentence was completed before the appeal could be heard.
Court Disposition
Application for bail pending appeal allowed.
Orders
- The appellant is admitted to a bond of Ksh. 500,000 with one surety of similar amount.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
Criminal Appeal No. 119 Of 2013
STEPHEN WAMBIRO KIBIRO…...........…...........................….. APPELLANT
VERSUS
REPUBLIC ……….……....................................................…RESPONDENT
RULING
The Chamber Summons application dated 2nd August, 2013 and expressed to be brought under section 357 of the Criminal Procedure Code seeks the granting of bail pending appeal to the applicant.
The grounds are that the applicant was tried Convicted and Sentenced to five months imprisonment.
That he has filed an appeal and further that the time it will take to hear the appeal and the nature of Sentence is such that he may serve the Sentence before his appeal is heard and determined.
It is noted that the appellant was Sentenced to five months imprisonment on 4th July, 2013. There is real likelihood that he will serve his Sentence before his appeal is heard and determined owing to the short sentence.
He is admitted to a bond of Ksh. 500,000/= with one surety of similar amount.
Ruling dated delivered and signed this 25thday of September, 2013.
….............
M. MUYA
JUDGE
25TH SEPTEMBER, 2013
In the presence of:-
Learned state counsel Mr. Mureithi
Learned Counsel for the applicant Mr. Kenga
Court clerk Musundi