AUGUSTINE JOHN MACHARIA v REPUBLIC [2008] KEHC 1853 (KLR)
- Court
- High Court of Kenya
- Case number
- 1853
- Citation
- [2008] KEHC 1853 (KLR)
- Decided
- 14 May 2008
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal Misc. ApplicationPostureAppellant seeks release on bond pending hearing and final determination of Criminal Appeal 122 of 2008.CoramH.A. OMONDI
Holding
The application is granted and the appellant is released on bail pending hearing and determination of the appeal.
Facts
Appellant was convicted of robbery and sentenced to five years imprisonment. The appeal has overwhelming chances of success.
Issues
- Manifestly unsafe conviction
- Overwhelming chances of success of the appeal
- Prejudice by serving a substantial part of the sentence by the time the appeal is heard
Reasoning
The court finds that the appellant has raised an arguable appeal with probability of success and that there are special circumstances affecting his health.
Outcome
The application is granted.
Orders
- Applicant be released on bail pending hearing and determination of Criminal Appeal 122 of 2008 upon executing bond Kshs 100,000/- with one Kenyan surety of like amount.
Remedies
- Release on bail pending hearing and determination of the appeal.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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