[2011] KEHC 3049 (KLR)
The court found that the appellant is entitled to bond pending appeal as no compelling reason was advanced by the respondent to deny this right. The constitutional presumption favors granting bond unless the prosecution demonstrates compelling reasons to the contrary. In the absence of such reasons, the appellant...
Source-derived case information.
- Citation
- [2011] KEHC 3049 (KLR)
- Parties
- Appellant: Yusuf Reuben Mele; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 59 of 2011
- Procedural Posture
- Criminal Appeal / Application for Bond Pending Appeal
- Outcome
- Application for bond pending appeal allowed.
- Judges
- JV Juma
- Legal Topics
- Bond Pending Appeal, Bail Rights, Compelling Reasons
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Yusuf Reuben Mele
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Bond Pending Appeal
Legal Issues
- 1 Whether the appellant is entitled to bond pending appeal under Article 49(1)(h) of the Constitution.
- 2 Whether any compelling reason exists to deny the appellant bond pending appeal.
Ratio Decidendi
The court found that the appellant is entitled to bond pending appeal as no compelling reason was advanced by the respondent to deny this right. The constitutional presumption favors granting bond unless the prosecution demonstrates compelling reasons to the contrary. In the absence of such reasons, the appellant must be admitted to bond on reasonable terms.
Court Disposition
Application for bond pending appeal allowed.
Orders
- The appellant is admitted to bond in the sum of Kshs. 20,000/- cash bail or Kshs. 20,000/- plus one surety of like sum.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO. 59 OF 2011
(From Original Conviction and Sentence in Criminal Case No. 59 of 2011 of the Chief Magistrate’s Court at Mombasa: R. Kirui – P.M.)
YUSUF REUBEN MELE …………………... APPELLANT
=VERSUS=
REPUBLIC …………………………….…… RESPONDENT
RULING
Having considered this application for bond pending appeal and in light of Article 49(1)(h) of the Constitution of Kenya I find that no compelling reason has been advanced to deny the Appellant his right to bond. I hereby admit the Appellant to bond in the sum of Kshs.20,000/- cash bail or 20,000/- + 1 surety of like sum.
Dated and Delivered in Mombasa this 20th day of April 2011.
M. ODERO
JUDGE
In the presence of:
Mr. Oduor for Applicant
Mr. Onserio for State