[2007] KEHC 3493 (KLR)
The court found that the appellants are not likely to abscond due to their family ties and established home in the jurisdiction. The sentence of two years is short and may be substantially served before the appeal is finalized. Although the state opposed the application, the court considered the points raised by the...
Source-derived case information.
- Citation
- [2007] KEHC 3493 (KLR)
- Parties
- Appellant: Susan Muthoni Muturi; Appellant: Musa Muturi Murumia; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 153 & 154 of 2007
- Procedural Posture
- Criminal Appeal / Ruling on Bail Pending Appeal
- Outcome
- bail granted pending appeal
- Legal Topics
- Bail Pending Appeal, Grievous Harm, Sentencing, Likelihood of Success, Absconding Risk
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Susan Muthoni Muturi
Appellant
Musa Muturi Murumia
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the appellants should be granted bail pending the determination of their criminal appeals.
- 2 Whether the sentence is likely to be served substantially before the appeal is finalized.
- 3 Whether the appellants are likely to abscond if released on bail.
Ratio Decidendi
The court found that the appellants are not likely to abscond due to their family ties and established home in the jurisdiction. The sentence of two years is short and may be substantially served before the appeal is finalized. Although the state opposed the application, the court considered the points raised by the appellants' counsel and the bailable nature of the offence. The court exercised its discretion to grant bail pending appeal, subject to each appellant signing a personal bond of KES 100,000 with two sureties of similar amount, to be approved by the Deputy Registrar.
Court Disposition
bail granted pending appeal
Orders
- Each appellant to be released on bail upon signing a personal bond of KES 100,000 with two sureties of similar sum.
- Sureties to be approved by the Deputy Registrar of the court.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
Criminal Appeal 153 & 154 of 2007
SUSAN MUTHONI MUTURI……………………......……..APPELLANT
VERSUS
REPUBLIC……………………………………............…RESPONDENT
CONSOLIDATED WITH
Criminal Appeal 154 of 2007
MUSA MUTURI MURUMIA……………………………….APPELLANT
VERSUS
REPUBLIC…………………………………...………….RESPONDENT
RULING
Criminal Appeals Nos. 153 and 154 of 2007 were consolidated for purpose of hearing having arisen from same trial. Both appellants are represented by one advocate Ms Thungu.
On 20/11/2007 she filed application seeking that the appellants be released on bail. Both applications are similar. The grounds upon which the order are sought that the sentence is 2 years and that the appeals have overwhelming chances of success. The appellants are husband and wife and they have young children who need to be looked after. The offence charged is grievous harm contrary to Section 234 Penal Code which is bailable. Counsel relied on the authority of Criminal Appeal Kenneth Mwangi & 5 others vs Republic 2005 KLR copy supplied,
I have considered the application and the arguementsof both applicants and statement. There is evidence that the appellants are not likely to abscond because they have a young family and a home here. The sentence being of 2 years is likely to be served substantially before the appeal is finalized and although the state counsel submits that the appeal has no chances of success, I note the points the applicants’ counsel has pointed out.
In the circumstances I admit the applicants to bail upon each signing a personal bond in the sum of Shs.100,000/= with two sureties in similar sum. The sureties shall be approved by
Deputy Registrar of this court.
It is so ordered.
Dated this 27th November, 2007.
J. N. KHAMINWA
JUDGE
27/11/2007
Khaminwa – Judge
Njue – Clerk
Mr. Kimathi State Counsel
N/A for Applicants Counsel
Read in open court.
J. N. KHAMINWA
JUDGE