[2016] KEHC 2172 (KLR)

[2016] KEHC 2172 (KLR)

The court found that the applicant failed to demonstrate any exceptional or unusual circumstances that would justify the grant of bail pending appeal. The applicant did not provide evidence of a medical condition that would compromise his health if he remained in prison. The court also held that, having dismissed...

Source-derived case information.

Citation
[2016] KEHC 2172 (KLR)
Parties
Appellant: David Mutai; Respondent: Republic
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
14 September 2016
Case Number
Criminal Appeal 136 of 2013
Procedural Posture
Criminal Appeal / Ruling on Application for Bail Pending Second Appeal
Outcome
application dismissed
Judges
CW Githua
Legal Topics
Bail Pending Appeal, Defilement Offence, Conviction and Sentence, Exceptional Circumstances, Burden of Proof, Judicial Discretion
Source Language
english
Criminal Law Bail Pending Appeal Defilement Offence Conviction and Sentence Exceptional Circumstances Burden of Proof Judicial Discretion

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Summary, issues, holding and outcome

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Parties

David Mutai

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Ruling on Application for Bail Pending Second Appeal

Legal Issues

  1. 1 Whether the applicant has demonstrated exceptional or unusual circumstances to warrant grant of bail pending appeal.
  2. 2 Whether the intended appeal has overwhelming chances of success to justify release on bail.
  3. 3 Whether the applicant's alleged medical condition justifies bail pending appeal.

Ratio Decidendi

The court found that the applicant failed to demonstrate any exceptional or unusual circumstances that would justify the grant of bail pending appeal. The applicant did not provide evidence of a medical condition that would compromise his health if he remained in prison. The court also held that, having dismissed the applicant's first appeal, it could not re-evaluate its own decision to determine the prospects of success of the intended second appeal, as this would amount to sitting on appeal over its own judgment. The court emphasized that the applicant no longer enjoys the presumption of innocence and that the argument regarding the chances of success of the intended appeal should be...

Court Disposition

application dismissed

Orders

  • The application for bail pending appeal is dismissed.