[2011] KEHC 2696 (KLR)
The court found that the applicant has an arguable appeal and that he did not abscond during the trial, indicating he is not a high flight risk. On this basis, the court exercised its discretion to grant bail pending appeal, admitting the applicant to bail in the sum of Kshs. 50,000 with one surety or a cash bail of...
Source-derived case information.
- Citation
- [2011] KEHC 2696 (KLR)
- Parties
- Applicant: William Areri Miencha; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application 50 of 2011
- Procedural Posture
- Criminal Miscellaneous Application / Application for Bail Pending Appeal
- Outcome
- Application for bail pending appeal allowed.
- Legal Topics
- Bail Pending Appeal, Flight Risk Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
William Areri Miencha
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Application for Bail Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to bail pending appeal.
- 2 Whether the applicant poses a flight risk if released on bail.
Ratio Decidendi
The court found that the applicant has an arguable appeal and that he did not abscond during the trial, indicating he is not a high flight risk. On this basis, the court exercised its discretion to grant bail pending appeal, admitting the applicant to bail in the sum of Kshs. 50,000 with one surety or a cash bail of a similar amount.
Court Disposition
Application for bail pending appeal allowed.
Orders
- Applicant admitted to bail in the amount of Kshs. 50,000 plus one surety or a cash bail of a similar amount.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL MISCCELLANEOUS APPLICATION NO. 50 OF 2011
WILLIAM ARERI MIENCHA …........………..…….. APPLICANT
VERSUS
REPUBLIC ……………………………….……. RESPONDENT
COURT RULING
I have considered this application for bail pending appeal. I have perused the proceedings of the trial court and I am satisfied that the Applicant has an arguable appeal. The record shows that the Applicant was released during the course of his trial and he did not at any time abscond from trial. I find that he is not a high flight risk. I therefore allow this present application and I hereby admit the Applicant to bail in the amount of Kshs.50,000/- + 1 surety or a cash bail of a similar amount.
Read out in open court this 30th day of May 2011.
M. ODERO
JUDGE
In the presence of:
Mr. Wafula holding brief for Mr. Weloba
Mr. Onserio for State