[2012] KEHC 4984 (KLR)
The court found that the appellant had been out on bond during the trial and had not failed to attend court as required. There being no opposition from the State and no evidence of risk of absconding, the court exercised its discretion to grant bail pending appeal. The same reasoning was extended to applicants in...
Source-derived case information.
- Citation
- [2012] KEHC 4984 (KLR)
- Parties
- Appellant: Thomas Obwoko Okwayo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 29 of 2012
- Procedural Posture
- Criminal Appeal / Application for Bail Pending Appeal
- Outcome
- Application for bail pending appeal allowed.
- Judges
- JV Juma
- Legal Topics
- Bail Pending Appeal, Bond Conditions, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thomas Obwoko Okwayo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Bail Pending Appeal
Legal Issues
- 1 Whether the appellant should be granted bail or bond pending the hearing and determination of his criminal appeal.
Ratio Decidendi
The court found that the appellant had been out on bond during the trial and had not failed to attend court as required. There being no opposition from the State and no evidence of risk of absconding, the court exercised its discretion to grant bail pending appeal. The same reasoning was extended to applicants in related appeals arising from the same trial.
Court Disposition
Application for bail pending appeal allowed.
Orders
- The appellant may be released on a bond of Kshs. 1.5 million plus one surety of a like sum.
- This ruling applies to the applicants in Criminal Appeal No. 30 of 2012 and Criminal Appeal No. 31 of 2012.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO. 29 OF 2012
(From Original Conviction and Sentence in Criminal Case No. 3629 of 2009 of the Chief Magistrate’s Court at Mombasa: M.O. Kizito – S.R.M.)
THOMAS OBWOKO OKWAYO ……….…………........................................…….. APPELLANT
=VERSUS=
REPUBLIC ……….…………….…………..………..................................…….. RESPONDENT
RULING
The accused herein has brought a Notice of Motion under Certificate of Urgency seeking to be released on bail/bond pending the hearing and determination of his appeal. The application was not opposed by the State. I have perused the proceedings from the lower court. I note that the accused was out on bond during the course of his trial and at no time did he fail to attend court as required. I do hereby allow this application. The accused may be released on a bond of Kshs.1. 5 million plus 1 surety of a like sum. This ruling to apply to the Applicants in Criminal Appeal No. 30 of 2012 and Criminal Appeal No. 31 of 2012 which also emanate from the same trial Criminal Case 3629 of 2009.
Dated and Delivered in Mombasa this 16th day of March 2012.
M. ODERO
JUDGE
In the presence of
Mr. Ojode holding brief for Mr. Katete
Mr. Gioche for State