[2013] KEHC 4674 (KLR)
The court found that the appellant had consistently attended court during the trial, save for one occasion which was satisfactorily explained. The State did not seriously oppose the application. The court was satisfied that the appellant was not likely to abscond and that the appeal had chances of success. On this...
Source-derived case information.
- Citation
- [2013] KEHC 4674 (KLR)
- Parties
- Appellant: Vincent Gitamo Okioga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 277 of 2012
- Procedural Posture
- Criminal Appeal / Application for Bond Pending Appeal
- Outcome
- Application for bond pending appeal allowed.
- Judges
- GO Shikwe
- Legal Topics
- Bail Pending Appeal, Stealing by Servant, Sentencing, Bond Conditions
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vincent Gitamo Okioga
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Bond Pending Appeal
Legal Issues
- 1 Whether the appellant should be granted bond pending the determination of his criminal appeal.
- 2 Whether there is a likelihood of the appellant absconding if released on bond pending appeal.
- 3 Whether the appeal has high chances of success justifying release on bond.
Ratio Decidendi
The court found that the appellant had consistently attended court during the trial, save for one occasion which was satisfactorily explained. The State did not seriously oppose the application. The court was satisfied that the appellant was not likely to abscond and that the appeal had chances of success. On this basis, the court exercised its discretion to admit the appellant to bond pending appeal, setting the bond at Kshs. 100,000 with one surety of a similar amount.
Court Disposition
Application for bond pending appeal allowed.
Orders
- The appellant is admitted to bond pending appeal.
- The appellant may be released on a bond of Kshs. 100,000 with one surety of similar amount.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
High Court at Mombasa
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(From Original Conviction and Sentence in Criminal Case No. 677 of 2009 of the Chief Magistrate’s Court at Mombasa–R. Odenyo (SPM))
VINCENT GITAMO OKIOGA……………….......................................…….…. APPELLANT
- Versus -
REPUBLIC…………………………………................................……….…RESPONDENT
RULING
The Appellant/Applicant was sentenced to two years imprisonment on Count III for the charge of Stealing by Servant contrary to Section 281 of the Penal Code.
The particulars of which were that-
“On the 3rd day of February 2009 at CFC Stanbic Bank along Digo Road in Mombasa District, being the Accountant to Savings Tea Brokers Ltd, jointly with others not before the Court stole Kshs. 482,740/- the property of the said Savings Tea Brokers Ltd which came into his possession by virtue of his employment being an Accountant.”
This is an application seeking for the release of the Accused on bond pending appeal.
The grounds are that there is no likelihood of his absconding as can be gleaned from his record in the Subordinate Court.
Secondly, the contention by the Applicant is that the Appeal has high chances of success.
This application is not seriously contested by the State. I have perused the record of proceedings and I am satisfied that the Accused was attending Court without fail save for one occasion only when a warrant of arrest was issued against him but was later cancelled after he proferred an explanation. I will not go into the merits of his appeal but it has chances of success.
I accordingly admit the Applicant to bond pending appeal. He may be released on a bond of Kshs. 100,000/- with one surety of similar amount.
Ruling read and delivered in open Court this 20th day of March 2013.
M. MUYA
JUDGE
In the presence of:-
Mr. Jami for State
Mr. Oduor–Counsel for the Accused
Court clerk–Mr. Musundi