Renson Mogusu v Republic [2022] KEHC 813 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

MISC. CRIMINAL APPLICATION NO. E001 OF 2022

RENSON MOGUSU..............................................................................................APPLICANT

VERSUS

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

R U L I N G

1.  The Applicant Renson Mogusu by an application dated 12th January 2022 sought for orders of release on bail pending hearing and determination of High Court Criminal Appeal No. 99 of 2021 pursuant to Section 357 of the Criminal Procedure Code.

2. The Applicant was charged in Mombasa CMC CR. Case No. 1836 of 2018 with the offence of grievous harm contrary to Section 234 of the penal code.  Particulars were that the Applicant on 22nd day of September 2018 at Majengo area in Mvita Sub-County within Mombasa County unlawfully did grievous harm to David Waithaka.

3. The Applicant was convicted and sentenced to serve 5 years imprisonment.  Being aggrieved by the conviction and sentence he preferred appeal no. E099 of 2021 and also filed current application for bond pending appeal.

4. I have considered the application and in consideration of the circumstances under which the offence was committed and the evidence on record this court is of the opinion that this is a case suitable for release of applicant on bond pending appeal.  He may be released on bond of Kshs.50,000/- with one surety of a similar amount.  Examination of surety to be processed in the appeal file No. E099 of 2021.

5. Applicant/Appellant to attend court monthly until the appeal is heard and determined. The Deputy Registrar to fix a date for mention when directions on the hearing of appeal shall be given.

DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 24TH DAY OF MARCH 2022

HON. LADY JUSTICE A. ONG’INJO

JUDGE

IN THE PRESENCE OF:-

OGWEL- COURT ASSISTANT

MR. BIKUNDO ADVOCATE FOR APPLICANT

MR. NGIRI FOR RESPONDENT

APPLICANT – PRESENT IN PERSON

HON. LADY JUSTICE A. ONG’INJO

JUDGE