[2018] KEHC 8068 (KLR)

[2018] KEHC 8068 (KLR)

The court found that the appellant, having been convicted and sentenced, no longer enjoys the presumption of innocence and must meet a higher threshold for bail pending appeal. The appellant failed to demonstrate exceptional or unusual circumstances unique to her situation, as prison medical facilities are available...

Source-derived case information.

Citation
[2018] KEHC 8068 (KLR)
Parties
Appellant: Ann Wambui Gitonga a.k.a Ann Wambui Maina; Respondent: Republic
Court
High Court
Court Station
High Court at Machakos
Jurisdiction
Kenya
Judgment Date
8 March 2018
Case Number
Criminal Appeal 20 of 2018
Procedural Posture
Criminal Appeal / Ruling on Application for Bail Pending Appeal
Outcome
application dismissed
Judges
BC Koech
Legal Topics
Bail Pending Appeal, Conviction and Sentence, Exceptional Circumstances, Prison Conditions, Appeal Success Probability
Source Language
english
Criminal Law Civil Procedure Bail Pending Appeal Conviction and Sentence Exceptional Circumstances Prison Conditions Appeal Success Probability

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Parties

Ann Wambui Gitonga a.k.a Ann Wambui Maina

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Ruling on Application for Bail Pending Appeal

Legal Issues

  1. 1 Whether the appellant is entitled to bail pending the hearing and determination of her criminal appeal.
  2. 2 Whether there exist exceptional or unusual circumstances justifying release on bail pending appeal.
  3. 3 Whether the appeal has overwhelming chances of success.

Ratio Decidendi

The court found that the appellant, having been convicted and sentenced, no longer enjoys the presumption of innocence and must meet a higher threshold for bail pending appeal. The appellant failed to demonstrate exceptional or unusual circumstances unique to her situation, as prison medical facilities are available to cater for expectant mothers and those with health needs. The court also found that the appeal did not have overwhelming chances of success, as the petition challenged only the conviction and not the sentence, and there was no indication of an anticipated delay in the hearing of the appeal. Consequently, the appellant did not satisfy the criteria for grant of bail pending...

Court Disposition

application dismissed

Orders

  • The application for bail pending appeal is dismissed.
  • The appellant shall remain in custody until the appeal is heard and determined.