[2003] KEHC 914 (KLR)
The court found that although the appeal may be arguable, it does not have overwhelming chances of success. Furthermore, the applicant failed to demonstrate any other compelling reason to justify the grant of bail pending appeal. Consequently, the application for bail pending appeal was dismissed.
Source-derived case information.
- Citation
- [2003] KEHC 914 (KLR)
- Parties
- Appellant: Benedict Theuri Kanyoni; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 397 of 2003
- Procedural Posture
- Criminal Appeal / Ruling on Bail Pending Appeal
- Outcome
- application dismissed
- Legal Topics
- Bail Pending Appeal, False Pretences, Sentencing, Compelling Reasons
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benedict Theuri Kanyoni
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to bail pending appeal.
- 2 Whether the appeal has overwhelming chances of success.
- 3 Whether there are any compelling reasons to grant bail pending appeal.
Ratio Decidendi
The court found that although the appeal may be arguable, it does not have overwhelming chances of success. Furthermore, the applicant failed to demonstrate any other compelling reason to justify the grant of bail pending appeal. Consequently, the application for bail pending appeal was dismissed.
Court Disposition
application dismissed
Orders
- The application for bail pending appeal is dismissed.
Full Case Text
Judgment text and source record
7 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERIHIGH COURT CRIMINAL APPEAL NO. 397 OF 2003
BENDICT THEURI KANYONI ……………………………………… APPELLANT VERSUS REPUBLIC ………………………………………………………….. RESPONDENT R U L I N G Benedict Theuri Kanyoni (hereinafter referred to as the applicant) was tried and convicted by the Principal Magistrate Kerugoya for the offence of obtaining by false pretences contrary to section 313 of the Penal Code. He was sentenced to pay a fine of Kshs.50,000/= or in default to serve one year imprisonment. The Applicant now seeks bail pending appeal. A copy of the memorandum of appeal has been availed and it is the contention of the Applicants advocate that the appeal has high chances of success.
I have perused the proceedings and judgment of the lower court vis a vis the memorandum of appeal and find that whereas the appeal may be an arguable appeal, it cannot be said that has overwhelming chances of success.
The applicant has further not shown any other compelling reason why bail pending appeal ought to be granted.
In the circumstances this application fails and is therefore dismissed. Orders accordingly.
H. M. OKWENGU JUDGE 12/2/03 Dated signed and delivered in the presence of Nderi Holding brief for Applicant. H. M. OKWENGU JUDGE 12/2/03