Peter Mashombo Taro v Republic [2022] KEHC 26885 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT VOI

CRIMINAL DIVISION

CRIMINAL APPEAL NO. E033 OF 2021

PETER MASHOMBO TARO.......................................................................APPELLANT

-VS-

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

(An appeal from the judgment of Hon. C. Kithinji Principal Magistrate, delivered on 5th day of  August, 2021 in Voi Magistrate’s Court Criminal Case No. 1092 of 2019).

R U L I N G

1. The Appellant vide application dated 3rd December 2021 seeks to be released on bond pending the hearing and determination of his appeal herein.

2. The Respondent was granted leave to file and serve response within 7 days from 9/12/2021 and subsequently parties to file submissions within 7 days.

3. A perusal of the file herein shows the Respondent has not filed a response and no party has filed written submissions.

4. I have considered the proceedings in the lower courts and the judgment as well as grounds of appeal and there being no objection to the application, the application to release Appellant on bond pending appeal is allowed.

5. The Appellant may be released on a bond of Kshs.50,000/= with a surety of a similar amount.  Mention – 27/01/2022 for direction on how to dispose of appeal.

DATED, SIGNED AND DELIVERED BY EMAIL THIS 13TH DAY OF JANUARY 2022.

HON. LADY JUSTICE A. ONG’INJO

JUDGE

In the presence of:

Court Assistant - Ogwel

Advocate for Appellant – Mr. Mwazighe

Advocate for Respondent – Ms. Kambaga hold brief for Mr. Mulamula for state

Hon. Lady Justice A. Ong’injo J

Court:  To be transmitted to Voi Court by email.

Hon. Lady Justice A. Ong’injo

Judge