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Kariuki v Republic (Criminal Appeal E007 of 2023) [2023] KEHC 17382 (KLR) (11 May 2023) (Ruling)
Neutral citation:
[2023] KEHC 17382 (KLR)
Republic of Kenya
Criminal Appeal E007 of 2023
M Muya, J
May 11, 2023
Between
Amos Kangara Kariuki
Appellant
and
Republic
Respondent
Ruling
1.This is an application for bond/bail pending appeal.The grounds are that the applicant lodged an appeal on 28th day of February 2023 against conviction and sentence on a Judgment delivered on February 9, 2023.
2.That the applicants appeal raises issues on the legality of the Judgment and conviction of February 9, 2023 and sentence meted out on February 15, 2023.
3.That the appeal has an overwhelming chance of success as the conviction was based on no evidence at all.
4.That the applicant had complied with the terms of bond in the lower court.
5.That at the time of conviction the applicant was a form IV Student at [Particulars Withheld] Secondary School Mukurweini.The prosecution does not oppose this application for bond. I have perused the record of proceedings and I am satisfied that the application for bond pending appeal has merit.It is allowed. The applicant may be released on his own recognizance of Ksh.100,000/= as in the lower court. Same to be signed by his father.
RULING READ, SIGNED AND DELIVERED IN OPEN COURT AT NYERI THIS 11TH DAY OF MAY 2023.HON. JUSTICE MARTIN M. MUYAJUDGEIn the presence of:MUHOHO: AppellantMWAI: RespondentCourt Assistant: Kinyua30 days R/A.
