[2023] KEHC 1647 (KLR)
The court found that the application for bond pending appeal was not opposed by the respondent and, upon consideration of the grounds of the application and the judgment of the trial court, determined that the application had merit. Consequently, the appellant was admitted to bond of Kshs 100,000 with a surety of a...
Source-derived case information.
- Citation
- [2023] KEHC 1647 (KLR)
- Parties
- Appellant: Oscar Wekesa Wanjala; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E085 of 2022
- Procedural Posture
- Criminal Appeal / Ruling on Application for Bond Pending Appeal
- Outcome
- Application for bond pending appeal allowed.
- Judges
- A. Ong’injo
- Legal Topics
- Defilement, Sexual Offences Act, Bail Pending Appeal, Sentencing, Conviction Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Oscar Wekesa Wanjala
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Application for Bond Pending Appeal
Legal Issues
- 1 Whether the appellant should be granted bond pending the hearing and determination of the criminal appeal.
- 2 Whether the application for bond pending appeal has merit.
Ratio Decidendi
The court found that the application for bond pending appeal was not opposed by the respondent and, upon consideration of the grounds of the application and the judgment of the trial court, determined that the application had merit. Consequently, the appellant was admitted to bond of Kshs 100,000 with a surety of a similar amount pending the hearing and determination of the appeal. The court exercised its discretion in favor of the appellant, noting the absence of opposition and the circumstances presented.
Court Disposition
Application for bond pending appeal allowed.
Orders
- The appellant is admitted to bond of Kshs 100,000 with a surety of a similar amount pending the hearing and determination of the appeal.
- Mention on May 17, 2023 for Records of Appeal to be filed and served by the appellant’s advocate.
Full Case Text
Judgment text and source record
19 paragraphs
Wanjala v Republic (Criminal Appeal E085 of 2022) [2023] KEHC 1647 (KLR) (2 March 2023) (Ruling)
Neutral citation: [2023] KEHC 1647 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Appeal E085 of 2022
A. Ong’injo, J
March 2, 2023
Between
Oscar Wekesa Wanjala
Appellant
and
Republic
Respondent
Ruling
1. The Appellant was charged in Shanzu CMC Sexual Offence Case No 59 of 2020 with the offence of defilement contrary to Section 8(1) as read with Section 84 of the Sexual Offences Act No 3 of 2006. He was convicted & sentenced to serve 15 years in prison.
2. He has preferred the appeal herein and by application dated November 2, 2022 he seeks that he be granted reasonable bond terms pending the hearing and determination of the Appeal.
3. This Application was not opposed by the Respondents and having considered the grounds of the Application and the Judgement of the trial Court, the application has merit and the same is allowed as prayed. The Appellant is admitted to bond of Kshs 100,000. 00 with surety of a similar amount pending the hearing and determination of the Appeal.
4. Mention on May 17, 2023 for Records of Appeal to be filed and served by the Appellant’s advocate.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 2ND DAY OF MARCH 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of:-Ogwel- Court AssistantAppellant – Present in personMr. Ngiri for State – Present physicallyMr Amuma Dulu & Co. Advocates for Appellant – Present onlineHon. Lady Justice A. Ong’injoJudge