Cleophas Mwaluko Alois v Republic [2013] KEHC 2277 (KLR)
- Court
- High Court of Kenya
- Case number
- 2277
- Citation
- [2013] KEHC 2277 (KLR)
- Decided
- 10 September 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from original conviction and sentenceCoramL.N. MUTENDE
Holding
The court grants bail pending appeal with a bond of Kshs. 100,000/= with a surety in a like sum.
Facts
The applicant, Cleophas Mwaluko Alois, was charged with four counts of stealing and two alternative charges of handling stolen property. He was convicted and sentenced to one year imprisonment on each count, to run consecutively.
Issues
- Whether the applicant is a habitual thief
- Whether the applicant's learning programme has been disrupted
- Whether there are special circumstances that call for bail pending appeal
Reasoning
The court agrees with the State Counsel that there are special circumstances that call for justice to be done, including the applicant's status as a school-going youth and the disruption of his education.
Outcome
Bail granted pending appeal
Orders
- Bail granted with bond of Kshs. 100,000/= with a surety in a like sum
Authorities cited
Legislation (2)
- Penal Code
- Probation Officers report
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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