Automated Summary
Key Facts
The appellant was charged in Shanzu CMC Sexual Offence Case No 116 of 2020, convicted, and sentenced to 10 years in prison. He filed a criminal appeal and a bail application on October 14, 2022, which was unopposed. The court granted bail with a Kshs 100,000 bond and surety of similar amount, requiring the appeal to be prosecuted expeditiously. A mention was set for March 1, 2023 to confirm the record of appeal was availed.
Issues
Whether the court should grant bail to the appellant pending appeal.
Holdings
- The court allowed the appellant's bail application dated October 14, 2022, as the respondent did not oppose it. Directions were given for the applicant's counsel to file submissions, which were completed on December 2, 2022. Consequently, the court granted leave for the bail application without opposition.
- The appellant is to be released on a bond of Kshs 100,000 with a surety of the same amount, provided he prosecutes his appeal expeditiously. The court set a mention date of March 1, 2023, to confirm the record of appeal has been availed by the Deputy Registrar from the lower court.
Remedies
- Mention on March 1, 2023 to confirm record of appeal availed by Deputy Registrar from lower court.
- The application for bail pending appeal is allowed as it is not opposed.
- The appellant may be released on bond of Kshs 100,000 with surety of similar amount on condition that he prosecutes his appeal expeditiously.
Legal Principles
The court permitted the appellant's bail application on the grounds that it was not opposed by the respondent, requiring a bond of Kshs 100,000 with a similar surety amount and conditions for expeditious prosecution of the appeal.
Judge Name
A. Ong'injo
Passage Text
- The appellant was charged in Shanzu CMC Sexual Offence Case No 116 of 2020 for which he was convicted & sentenced to serve 10 years in prison. He has preferred the appeal herein and by application dated October 14, 2022 he seeks to be released on bail pending appeal.
- The application is supported by the affidavit of the applicant and directions were given granting leave to the respondent to file response but none was filed. The court also gave directions for filing of submissions but only the applicant's counsel filed on December 2, 2022. As it stands the application dated October 14, 2022 is not opposed and the same in consideration of this court is allowed.
- The appellant may be released on bond of Kshs 100,000/= with surety of similar amount on condition that he prosecutes his appeal expeditiously. Mention on March 1, 2023 to confirm record of appeal availed by Deputy Registrar from lower court.