RULING
1) Erickson Muendo was charged in Kilungu MCCRC 252/2024 for cutting down trees contrary to section 334(c) of the Penal Code.
It was alleged that on 1/2/24 at Nduti area, Kibwezi Subcounty Makueni County he willingly and unlawfully cut down one tree ( Caryota Urens) valued at Kshs. 24,147/50 the property of Stephen Musyoka Musau.
He pleaded not guilty after a full trial, he was found guilty, convicted and sentenced to 2 years imprisonment on 9/10/2024, without an option of fine.
2) He filed this appeal together with an application seeking bond pending appeal.
3) I have carefully considered the lower court file’s entire record, the affidavit in support.
4) Appellant was out of bond of cash bail Kshs. 5,000 with 2 persons availing their ID Cards as security for his attendance of court all through the trial.
5) I have carefully considered the application.
6) The risk of serving the entire sentence before the appeal is heard and determined is real for this appellant. That would be highly prejudicial as it would render his appeal nugatory.
7) On that ground - I allow the application for bail pending appeal
8) The applicant is admitted to bail pending appeal .
9) He may be released upon the deposit of Cash bail of Kshs. 10,000 with an additional 2 ID Card depositing sureties.
10) Orders accordingly
Dated, signed and delivered in open court, this 2nd April 2025
MUMBUA T. MATHEKA
JUDGE
Appellant present
Mr. Mutava for appellant
Kazungu for state
Chrispol Court Assistant