BERNARD GIKUNJU MURIUKI V REPUBLIC [2012] KEHC 2858 (KLR)
- Court
- High Court of Kenya
- Case number
- 2858
- Citation
- [2012] KEHC 2858 (KLR)
- Decided
- 12 July 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from a conviction and sentenceCoramDOMINIC KARAN, JIVRA
Holding
The court allows the application for bail pending appeal, directing the appellant to be released on a bond of Shs.100,000/= with a surety in similar sum.
Facts
The appellant was convicted of a sexual offense against a 9-year-old minor, and the prosecution called 4 witnesses, including the complainant who gave unsworn evidence.
Issues
- Whether the appellant was given an option of a fine
- The chances of success of the appeal
- Existence of unusual or exceptional circumstances
- Risk of the jail term being served before the appeal is heard and determined
Reasoning
The court finds that there are substantial points of law to be argued during the appeal and that the chances of success are high. The court also considers the risk of the jail term being served before the appeal is heard and determined.
Outcome
The appeal is allowed, and the appellant is released on bail.
Orders
- The appellant is released on a bond of Shs.100,000/= with a surety in similar sum.
Authorities cited
Cases cited (3)
- JIVRAJ SHAH VS REPUBLIC [1986] KLR 605
- DOMINIC KARANJA VS REPUBLIC [1986] KLR 612
- MUNDIA VS REPUBLIC [1986] KLR 623
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.
Loading judgment…