[2004] KEHC 1808 (KLR)
The court found that the issues raised by the appellant, specifically the alleged non-compliance with section 200 of the Criminal Procedure Code and the absence of the doctor's evidence, were pertinent and substantial. These matters could potentially affect the safety of the conviction. Consequently, the court...
Source-derived case information.
- Citation
- [2004] KEHC 1808 (KLR)
- Parties
- Appellant: Thomas Machuki Ogeti; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- ? 37 of 2004
- Procedural Posture
- Criminal Appeal / Application for Bail Pending Appeal
- Outcome
- Application for bail pending appeal allowed.
- Legal Topics
- Bail Pending Appeal, Compliance With Criminal Procedure Code, Admissibility of Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thomas Machuki Ogeti
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Bail Pending Appeal
Legal Issues
- 1 Whether the appellant is entitled to bail pending appeal.
- 2 Whether there was compliance with section 200 of the Criminal Procedure Code.
- 3 Whether the absence of the doctor's evidence affects the conviction.
Ratio Decidendi
The court found that the issues raised by the appellant, specifically the alleged non-compliance with section 200 of the Criminal Procedure Code and the absence of the doctor's evidence, were pertinent and substantial. These matters could potentially affect the safety of the conviction. Consequently, the court exercised its discretion to grant bail pending appeal, considering this a proper case for such relief.
Court Disposition
Application for bail pending appeal allowed.
Orders
- The appellant be released on his own bond of KES 30,000 with one surety of similar amount.
Full Case Text
Judgment text and source record
6 paragraphs
IN THE HIGH COURT OF KENYA AT KISII CRIMINAL APPEAL NO.37 OF 2004 (From original conviction and sentence of the CM’s court at Kisii in criminal case No.1705 of 2001. ) THOMAS MACHUKI OGETI ………………………………………… APPELLANT VERSUS REPUBLIC ……………………………………………………………. RESPONDENT RULING:
I have considered the application for bail pending appeal and the replying thereto. The issue of compliance with s.200 CPC and the fact that the doctor never gave evidence are pertinent. I feel this is a proper case to grant bail.
The application is therefore allowed. The appellant be released on his own bond of shs.30,000/= with one surety of similar amount.
It is so ordered.
Signed, dated and delivered on 24th May 2004.
KABURU BAUNI JUDGE 24/5/04 Mr. Ondika for Applicant Mr. Kemo for State KABURU BAUNI JUDGE24/5/04