[2011] KEHC 838 (KLR)
The court found that the appeal was primarily on sentence in a traffic case, which is punishable by fine or custodial sentence. The State did not oppose the application, and the grounds raised by the appellant were sufficient to justify bail pending appeal. The court exercised its discretion to admit the appellant...
Source-derived case information.
- Citation
- [2011] KEHC 838 (KLR)
- Parties
- Appellant: Wilson Mwobobia Muthamia; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 110 of 2011
- Procedural Posture
- Criminal Appeal / Bail Pending Appeal Application
- Outcome
- Application for bail pending appeal allowed.
- Judges
- A. Ong’injo
- Legal Topics
- Bail Pending Appeal, Traffic Offences, Sentencing Guidelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wilson Mwobobia Muthamia
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Bail Pending Appeal Application
Legal Issues
- 1 Whether the appellant should be admitted to bail pending the hearing and determination of the appeal.
- 2 Whether the appeal has sufficient merit to justify bail.
- 3 Whether the offence is of a nature that allows for bail or fine.
Ratio Decidendi
The court found that the appeal was primarily on sentence in a traffic case, which is punishable by fine or custodial sentence. The State did not oppose the application, and the grounds raised by the appellant were sufficient to justify bail pending appeal. The court exercised its discretion to admit the appellant to bail, considering the non-serious nature of the offence and the arguable grounds of appeal.
Court Disposition
Application for bail pending appeal allowed.
Orders
- The appellant is released on his own bond of Kshs. 500,000 with two sureties for a similar amount.
- Alternatively, the appellant may be released on his own cash bail of Kshs. 250,000.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL APPEAL CASE NO. 110 OF 2011
WILSON MWOBOBIA MUTHAMIA ………………………………. APPELLANT
VERSUS
REPUBLIC …………………………….…………..………………… RESPONDENT
RULING
On 6th September 2011, the appellant filed a notice of motion under Section 357 (i) of the Criminal Procedure Code and Sections 10 of the Judicature Act Cap 8 of the Laws of Kenya (Part 1 rules 3 (1) & 2 of the High Court Practice and Procedure Rules seeking the following orders:-
1. That this court do certify this application as urgent and the same be heard during the current vacation.
2. That, the appellant herein be admitted to bail pending hearing and determination of this appeal.
He relied on the following grounds:-
i)The appeal is basically on sentence and this is a traffic case.
ii)The offence is punishable by fine and a custodial sentence.
iii)The appeal has high chances of success as its arguable.
During the hearing of the appeal, both the State Counsel viz Mr. Motende and the defence counsel Mr. Ondari were very brief. After Mr. Ondari had made the application, the State Counsel informed the court that he was not opposed to the application. After carefully considering the application, I hereby concede to the same. In that regard, I hereby direct that the accused be released on his own bond of Kshs. 500,000/= together with two sureties for similar amount. Alternatively, the accused may be released on his own cash bail of Kshs. 250,000/=. The appeal will now be heard on 18th June 2012.
Those are the orders of this court.
MUGA APONDI
JUDGE
Ruling read, signed and delivered in open court in the presence of:-
Mr. Motende - State Counsel.
Mr. Mureithi for Ondari - Defence Counsel
MUGA APONDI
JUDGE
23RD NOVEMBER 2011