[2016] KEHC 7498 (KLR)

[2016] KEHC 7498 (KLR)

The court found that the applicant's grounds of appeal, particularly the lack of evidence that he knowingly falsified the register and the reliance on circumstantial evidence, were not frivolous and raised triable issues. The evidence of the key prosecution witness supported the applicant's claim that he entered the...

Source-derived case information.

Citation
[2016] KEHC 7498 (KLR)
Parties
Applicant: David Cheburet; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
16 March 2016
Case Number
Miscellaneous Criminal Application 433 of 2015
Procedural Posture
Miscellaneous Application / Ruling on Bail Pending Appeal
Outcome
application allowed
Legal Topics
Bail Pending Appeal, Falsification of Records, Burden of Proof, Exceptional Circumstances
Source Language
english
Criminal Law Civil Procedure Bail Pending Appeal Falsification of Records Burden of Proof Exceptional Circumstances

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Parties

David Cheburet

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Bail Pending Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to bail pending appeal.
  2. 2 Whether the appeal has overwhelming chances of success.
  3. 3 Whether exceptional or unusual circumstances exist to warrant bail pending appeal.

Ratio Decidendi

The court found that the applicant's grounds of appeal, particularly the lack of evidence that he knowingly falsified the register and the reliance on circumstantial evidence, were not frivolous and raised triable issues. The evidence of the key prosecution witness supported the applicant's claim that he entered the record as presented to him. Therefore, the court held that the appeal had overwhelming chances of success. However, the applicant's status as a family man with school-going children did not constitute exceptional or unusual circumstances for bail. On balance, the likelihood of success of the appeal justified granting bail pending appeal.

Court Disposition

application allowed

Orders

  • The applicant is released on a bond of Kshs. 200,000 with a surety of a similar amount to be assessed by the Deputy Registrar.
  • In the alternative, the applicant shall deposit a cash bail of Kshs. 50,000.