John Kihonge Njeri v Republic (Criminal Appeal 1 of 2019) [2020] KEHC 4240 (KLR) (16 July 2020) (Ruling)
- Court
- High Court of Kenya
- Case number
- 4240
- Citation
- [2020] KEHC 4240 (KLR)
- Decided
- 16 July 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppellant seeks to be released on bail/bond pending the hearing and determination of his appeal.CoramR.P.V. Wendoh
Holding
The court grants the application for bond pending appeal, allowing the appellant bond of Kshs.300,000/- with one surety of the same amount.
Facts
The appellant was convicted of making a document without authority and sentenced to nine years and six months imprisonment. He filed an appeal on 17/01/2019.
Issues
- Whether the appeal has high chances of success.
- Whether there is a possibility of delay in the determining of the Appeal.
- Whether the applicant is a first offender.
- Whether the applicant complied with the bail terms during his trial in the trial court.
Reasoning
The court found that it may take long before the appeal is heard and the appellant may have served a substantial part of the sentence, thus granting bond.
Outcome
The court grants the application for bond pending appeal.
Orders
- Granting bond of Kshs.300,000/- with one surety of the same amount.
Authorities cited
Legislation (1)
- Criminal Procedure Code
Cases cited (4)
- Somo vs Republic (1972) E.A. 476
- Charles Owangu Aluoch vrs Republic Cr. Appeal 164/2013 Nku
- Samuel Macharia Njagi vrs Republic Cr. Appeal 50/2013
- Jivraj Shah vrs Republic (1986) eKLR
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…