[2017] KEHC 7764 (KLR)

[2017] KEHC 7764 (KLR)

The court found that the applicant failed to demonstrate that her appeal had a high probability of success, which is a primary requirement for granting bail pending appeal. The court further held that the applicant's advanced age, poor health, compliance with previous bail terms, and the fact that the offences were...

Source-derived case information.

Citation
[2017] KEHC 7764 (KLR)
Parties
Appellant: Annah Nyamukonyo; Respondent: State
Court
High Court
Court Station
High Court at Narok
Jurisdiction
Kenya
Judgment Date
20 February 2017
Case Number
Criminal Appeal 68 of 2017
Procedural Posture
Criminal Appeal / Ruling on Bail Pending Appeal
Outcome
application dismissed
Legal Topics
Bail Pending Appeal, Exceptional Circumstances, Probability of Success, Misdemeanour Offences
Source Language
english
Criminal Law Civil Procedure Bail Pending Appeal Exceptional Circumstances Probability of Success Misdemeanour Offences

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Summary, issues, holding and outcome

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Parties

Annah Nyamukonyo

Appellant

State

Respondent

Procedural Posture

Criminal Appeal / Ruling on Bail Pending Appeal

Legal Issues

  1. 1 Whether the applicant has demonstrated a high probability of success in her appeal to warrant bail pending appeal.
  2. 2 Whether there exist exceptional or unusual circumstances justifying release on bail pending appeal.

Ratio Decidendi

The court found that the applicant failed to demonstrate that her appeal had a high probability of success, which is a primary requirement for granting bail pending appeal. The court further held that the applicant's advanced age, poor health, compliance with previous bail terms, and the fact that the offences were misdemeanours did not amount to exceptional or unusual circumstances sufficient to justify release on bail pending appeal. Consequently, the application was dismissed.

Court Disposition

application dismissed

Orders

  • The application for bail pending appeal is dismissed.