[2005] KEHC 1008 (KLR)

[2005] KEHC 1008 (KLR)

The court found that the plea was not properly taken, as no plea of guilty was entered and no conviction was recorded after the facts were read. The facts on record were mixed up and did not disclose the offences charged. Given these irregularities, the appeal had high chances of success. In view of the likely delay in hearing the appeal and the risk that the appellant would serve a substantial part of his sentence before determination, it would be unfair to keep him in prison. The court therefore granted bail pending appeal to prevent the appeal from being rendered nugatory.

Citation
[2005] KEHC 1008 (KLR)
Parties
Appellant: Christopher Mulei; Respondent: Republic
Court
High Court
Court Station
High Court at Machakos
Jurisdiction
Kenya
Judgment Date
6 October 2005
Case Number
Criminal Appeal 88 of 2005
Procedural Posture
Criminal Appeal / Bail Pending Appeal
Outcome
bail_pending_appeal_granted
Legal Topics
Bail Pending Appeal, Plea Taking, Conviction and Sentence, Appeal Success Probability
Source Language
English
Criminal Law Civil Procedure Bail Pending Appeal Plea Taking Conviction and Sentence Appeal Success Probability

Case Brief

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Parties

Christopher Mulei

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Bail Pending Appeal

Legal Issues

  1. 1 Whether the appellant is entitled to bail pending appeal.
  2. 2 Whether the plea was unequivocal and properly taken.
  3. 3 Whether the conviction and sentence were validly entered.

Ratio Decidendi

The court found that the plea was not properly taken, as no plea of guilty was entered and no conviction was recorded after the facts were read. The facts on record were mixed up and did not disclose the offences charged. Given these irregularities, the appeal had high chances of success. In view of the likely delay in hearing the appeal and the risk that the appellant would serve a substantial part of his sentence before determination, it would be unfair to keep him in prison. The court therefore granted bail pending appeal to prevent the appeal from being rendered nugatory.

Court Disposition

bail_pending_appeal_granted

Orders

  • The appellant is released on bond of Kshs.50,000 with one surety of like sum.
  • The surety to be approved by the Deputy Registrar.