[2006] KEHC 478 (KLR)
The court found that the applicant had an arguable appeal with reasonable chances of success. Given the risk that the applicant might complete serving his sentence before the appeal is heard, the court determined it was fair to grant bail pending appeal. The court exercised its discretion under section 357 of the...
Source-derived case information.
- Citation
- [2006] KEHC 478 (KLR)
- Parties
- Appellant: Charles Mwai Muriithi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 143 of 2006
- Procedural Posture
- Criminal Appeal / Application for Bail Pending Appeal
- Outcome
- Application for bail pending appeal allowed.
- Judges
- GG Okwengu
- Legal Topics
- Bail Pending Appeal, Conviction Appeal, Sentence Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Mwai Muriithi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Bail Pending Appeal
Legal Issues
- 1 Whether the applicant should be granted bail pending the hearing of his criminal appeal.
- 2 Whether the appeal has reasonable chances of success justifying release on bail.
Ratio Decidendi
The court found that the applicant had an arguable appeal with reasonable chances of success. Given the risk that the applicant might complete serving his sentence before the appeal is heard, the court determined it was fair to grant bail pending appeal. The court exercised its discretion under section 357 of the Criminal Procedure Code to admit the applicant to bail, subject to bond and surety conditions.
Court Disposition
Application for bail pending appeal allowed.
Orders
- The applicant may be released on his own bond of Kshs.200,000 plus one surety of like sum.
- The surety to be approved by the Deputy Registrar.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
Criminal Appeal 143 of 2006
CHARLES MWAI MURIITHI ……..………………………… APPELLANT
VERSUS
REPUBLIC …………………….…………...……………… RESPONDENT
R U L I N G
Charles Mwai Muriithi hereinafter referred to as the applicant was tried and convicted by the Senior Resident Magistrate Karatina for the offence of stealing contrary to Section 275 of the Penal code. He was sentenced on 6th July 2006 to serve 3 years imprisonment. Being aggrieved by his conviction and sentence he has filed an appeal which is pending for hearing. In the meantime he has brought this application under section 357 of the Criminal Procedure Code seeking to be admitted to bail pending the hearing of his appeal. It is, the applicant’s contention that his appeal has overwhelming chances of success as his conviction was unsafe and irregular, and that unless released on appeal he is likely to complete serving the sentence before his appeal is heard.
The application is opposed by the state through state Counsel Mr. Mugwe who contends that the appeal has very remote chances of success as the evidence which was adduced against the appellant was firm and unshaken I have considered this application and I am satisfied that the applicant has an arguable appeal which has reasonable chances of success. In the circumstances it is only fair that he be released on bail pending the hearing of his appeal. The applicant may be released on his own Bond of Kshs.200,000/= plus 1 surety of like sum. The surety to be approved by the Deputy Registrar.
Dated signed and delivered this 24th day of November 2006.
H. M. OKWENGU
JUDGE