Case Metadata |
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| Case Number: | Misc Application 109 of 2005 |
|---|---|
| Parties: | Erick Ongere v Republic |
| Date Delivered: | 20 Dec 2005 |
| Case Class: | Criminal |
| Court: | High Court at Nakuru |
| Case Action: | |
| Judge(s): | Muga Apondi |
| Citation: | Erick Ongere v Republic [2005] eKLR |
| Advocates: | Mrs. Ndeda for the Applicant; Mr. Gumo,Assistant Deputy Public Prosecutor,for the Republic/Respondent |
| Advocates: | Mrs. Ndeda for the Applicant; Mr. Gumo,Assistant Deputy Public Prosecutor,for the Republic/Respondent |
| Case Summary: | [RULING] Criminal Procedure - bail - application for bail pending appeal under Section 357 of the Criminal Procedure - applicant having been convicted for assault causing actual bodily harm contrary to section 252 of the Penal Code and sentenced to imprisonment for six months - state not opposing the application - applicant having demonstrated that his intended appeal had overwhelming chances of success - application allowed. |
| History Advocates: | Neither party represented |
| History County: | Baringo |
| Case Outcome: | Allowed |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
Misc Application 109 of 2005
ERICK ONGERE……………………………….………………………....APPLICANT
VERSUS
REPUBLIC…………………………………………….………………..RESPONDENT
RULING
The application has been brought through Notice of Motion under Section 357 of the Criminal Procedure Cap. 75. The application seeks an order that the Applicant be granted bond pending appeal. The Applicant had been tried and convicted of assault causing actual bodily harm contrary to Section 251 of the Penal Code and sentenced to serve 6 months imprisonment from 25th November, 2005. According to Mrs. Ndeda, the Applicant is asthmatic and likely to loose his job with Timsales. Besides the above, she also submitted that the appeal lodged has high chances of success. On the other hand, Mr. Gumo, Assistant Deputy Public Prosecutor submitted that the Applicant had demonstrated that his intended appeal has overwhelming chances of success.
Since the State has not opposed the application, I hereby concede to the application. In view of the above, the Applicant is hereby released on his own bond of Kshs.20,000.However, he has to ensure that he attends Court whenever he is required to do so.
Those are the orders of the Court.
Ruling read, signed and delivered in the presence of Mr. Koech and Mrs. Ndeda.
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