Stephen Wambiro Kibiro v Republic [2013] KEHC 2219 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

Criminal Appeal No. 119 Of 2013

STEPHEN WAMBIRO KIBIRO…...........…...........................….. APPELLANT

VERSUS

REPUBLIC  ……….……....................................................…RESPONDENT

RULING

The Chamber Summons application dated 2nd August, 2013 and expressed to be brought under section 357 of the Criminal Procedure Code seeks the granting of bail pending appeal to the applicant.

The grounds are that the applicant was tried Convicted and Sentenced to five months imprisonment.

That he has filed an appeal and further that the time it will take to hear the appeal and the nature of Sentence is such that he may serve the Sentence before his appeal is heard and determined.

It is noted that the appellant was Sentenced to five months imprisonment on 4th July, 2013. There is real likelihood  that he will serve his Sentence before his appeal is heard and determined owing to the short sentence.

He is admitted to a bond of Ksh. 500,000/= with one surety of similar amount.

Ruling dated delivered and signed this 25thday of September, 2013.

….............

M.  MUYA

JUDGE

25TH SEPTEMBER, 2013

In the presence of:-

Learned state counsel Mr. Mureithi

Learned Counsel for the applicant Mr. Kenga

Court clerk Musundi