Edward William Ochola v Republic [2020] KEHC 397 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KERICHO

CRIMINAL APPEALS  NO.19,20 & 22 OF 2020

(Criminal Appeal  No.19, 20 & 22 of 2020 consolidated)

EDWARD WILLIAM OCHOLA...........APPELLANT

-V E R S U S -

REPUBLIC..........................................RESPONDENT

R U L I N G

1. The Application coming for Consideration in this ruling is dated 12/3/2020 filed in Criminal Appeal No.22 of 2020 seeking bail pending appeal.

2.  The Applicant/Appellant was charged jointly with the Appellants in Criminal Appeal No.19 and 20 of 2020 who were released on bail pending appeal.

3. Since the circumstances of the case were similar as those in Criminal Appeal No.19 & 20 of 2020, I direct that this Appellant/Applicant also be released on the same terms as follows:-

(i)   THAT the Applicant/Appellant be released on a bond of Kshs.500,000/= with one surety similar amount or Cash Bail of Kshs.200,000/=.

(ii)   THAT the Applicant/Appellant should appear in Court as and when required.

(iii)  THAT the sentence imposed upon the Applicant/Appellant be and is hereby suspended awaiting the outcome of the Appeal.

(iv) THAT the Applicant/Appellant to prosecute the Appeal within six months from the date of release.

4. This Court further directs that the three Appeals No.19/2020, 20/2020 and 22/2020 to be consolidated.

5. The holding file will be Criminal No.19 of 2020.

6.  Mention 5/10/2020 for directions.

7. The Deputy Registrar to compile the record of Appeal expeditiously in view of the time limit for prosecution of the Appeals.

Dated, Delivered and Signed at Kericho this 24th day of September, 2020.

A. N. ONGERI

JUDGE