[2011] KEHC 1388 (KLR)
The court, after considering the application and the record of the trial from the lower court, found it appropriate to admit the appellant to bail pending appeal. The decision was based on the exercise of judicial discretion, taking into account the circumstances of the case and the interests of justice.
Source-derived case information.
- Citation
- [2011] KEHC 1388 (KLR)
- Parties
- Appellant: Wilfred Mwambui Mwabanga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 94 of 2011
- Procedural Posture
- Criminal Appeal / Application for Bail Pending Appeal
- Outcome
- Appellant admitted to bail pending appeal.
- Judges
- JV Juma
- Legal Topics
- Bail Pending Appeal, Appellate Jurisdiction, Release on Bond
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wilfred Mwambui Mwabanga
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Bail Pending Appeal
Legal Issues
- 1 Whether the appellant should be released on bail or bond pending the hearing and determination of his criminal appeal.
Ratio Decidendi
The court, after considering the application and the record of the trial from the lower court, found it appropriate to admit the appellant to bail pending appeal. The decision was based on the exercise of judicial discretion, taking into account the circumstances of the case and the interests of justice.
Court Disposition
Appellant admitted to bail pending appeal.
Orders
- The appellant is admitted to bail in the sum of Kshs. 100,000 with one surety of a like sum or a cash bail of Kshs. 50,000.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO. 94 OF 2011
(From Original Conviction and Sentence in Criminal Case No. 387 of 2010 of the Resident Magistrate’s Court
at Wundanyi: Orenge K.O. – Resident Magistrate)
WILFRED MWAMBUI MWABANGA.....................................................................................APPELLANT
=VERSUS=
REPUBLIC .............................................................................................................................RESPONDENT
RULING
The Applicant herein has applied to be released on bail/bond pending the hearing and determination of his appeal. I have considered this application. I have also considered the record of the trial from the lower court. I hereby admit the Appellant on bail in terms Kshs.100,000/- + 1 surety of a like sum or a cash bail of Kshs.50,000/-.
Delivered in open court
M. ODERO
JUDGE
30. 6.2011
In the presence of:
Mr. Ambwere holding brief for Mr. Onindo