MOSES MUIGAI KARIUKI v REPUBLIC [2005] KEHC 442 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU Criminal Appli 35 of 2005

MOSES MUIGAI KARIUKI…………APPLICANT

VERSUS

REPUBLIC……..……………….RESPONDENT

R U L I N G

The Application has been brought through Notice of Motion under Section 357 of the Criminal Procedure Code, Cap 75, Laws of Kenya.  The application seeks the following orders:-

(a)That the Appellant be released on bail pendingthe determination of the appeal filed herein.

(b)That in the alternative this Honourable Courtdo order that the execution of sentence besuspended pending the hearing and determinationof the Applicant’s appeal.

The application is based on the grounds that are shown on the surface of the same.

During the hearing of the application, the Assistant Deputy Public

Prosecutor never objected to the same on the ground that the Applicant will have served a substantial portion of his sentence before his appeal is heard.  He also conceded that the draft Petition of Appeal had demonstrated that the intended appeal had overwhelming chances of success.

In view of the sentiments expressed by Mr. Gumo, the Court hereby grants the Applicant, a Bond of Kshs.50,000/- with 2 Sureties to be approved by the Deputy Registrar, Nakuru.  The appeal is also admitted to hearing before one Judge in Nakuru High Court.

ORDER

The Criminal Registry is hereby directed to fix the appeal for hearing before any Judge within the next 60 days.

MUGA APONDI

JUDGE

5TH MAY, 2005

Ruling read signed and delivered in open Court in the presence of Mr. Gumo for State and Mr. Orina for applicant.

MUGA APONDI

JUDGE

5TH MAY, 2005