(Appeal arising from the judgement in Malaba PMCSOC No. 24 of 2023, by Hon. AZ Ogange, Resident Magistrate, RM, of 6th March 2025)
1. The Motion, dated 2nd April 2025, is for suspension of the sentence, imposed in Malaba PMCSOC No. 24 of 2023, on 6th March 2025, and for bond pending appeal.
2. A memorandum of appeal, dated 20th January 2025, should have been a petition of appeal, was lodged herein on 21st March 2025, against the determinations of the trial court in Malaba PMCSOC No. 24 of 2023 of 6th March 2025.
3. The said Motion was first placed before me on 8th April 2025, and I directed that service be effected. There is an affidavit of service on record. On 24th April 2025, Mr. Onanda acknowledged service, but by 9th May 2025, when I reserved the application for ruling, no reply had been filed.
4. The Motion is, therefore, unopposed.
5. I, accordingly, allow the said Motion, as prayed. The appellant is hereby admitted to a bond of Kshs. 150,000.00, with one surety of similar amount.
6. To move the matter forward, I hereby direct the appellant to file and serve a record of appeal, within thirty days.
7. The appeal shall be mentioned on 21st July 2025, for compliance, admission and directions. Orders accordingly.
DELIVERED, VIA EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA ON THIS 20TH DAY OF JUNE 2025.
WM MUSYOKA
JUDGE
Mr. Arthur Etyang, Court Assistant.
Advocates
Mr. Moses Ouma, instructed by BM Ouma & Company, Advocates for the appellant.
Mr. Tony Onanda, instructed by the Director of Public Prosecutions, for the respondent.
1. The Motion, dated 2nd April 2025, is for suspension of the sentence, imposed in Malaba PMCSOC No. 24 of 2023, on 6th March 2025, and for bond pending appeal.
2. A memorandum of appeal, dated 20th January 2025, should have been a petition of appeal, was lodged herein on 21st March 2025, against the determinations of the trial court in Malaba PMCSOC No. 24 of 2023 of 6th March 2025.
3. The said Motion was first placed before me on 8th April 2025, and I directed that service be effected. There is an affidavit of service on record. On 24th April 2025, Mr. Onanda acknowledged service, but by 9th May 2025, when I reserved the application for ruling, no reply had been filed.
4. The Motion is, therefore, unopposed.
5. I, accordingly, allow the said Motion, as prayed. The appellant is hereby admitted to a bond of Kshs. 150,000.00, with one surety of similar amount.
6. To move the matter forward, I hereby direct the appellant to file and serve a record of appeal, within thirty days.
7. The appeal shall be mentioned on 21st July 2025, for compliance, admission and directions. Orders accordingly.
DELIVERED, VIA EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA ON THIS 20TH DAY OF JUNE 2025.
WM MUSYOKA
JUDGE
Mr. Arthur Etyang, Court Assistant.
Advocates
Mr. Moses Ouma, instructed by BM Ouma & Company, Advocates for the appellant.
Mr. Tony Onanda, instructed by the Director of Public Prosecutions, for the respondent.