[2001] KECA 350 (KLR)
The Court held that the applicant's grounds for bail pending appeal related solely to matters of fact and the severity of the sentence, areas where the Court of Appeal's jurisdiction is severely limited on a second appeal. The applicant failed to demonstrate that the intended appeal had overwhelming chances of...
Source-derived case information.
- Citation
- [2001] KECA 350 (KLR)
- Parties
- Applicant: David Ngugi; Respondent: The Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 25 of 2000
- Procedural Posture
- Criminal Application / Application for Bail Pending Appeal
- Outcome
- Application dismissed.
- Judges
- JE Gicheru, RO Kwach
- Legal Topics
- Bail Pending Appeal, Dangerous Driving, Traffic Offences, Appellate Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Ngugi
Applicant
The Republic
Respondent
Procedural Posture
Criminal Application / Application for Bail Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to bail pending appeal.
- 2 Whether the intended appeal has overwhelming chances of success as required by law.
Ratio Decidendi
The Court held that the applicant's grounds for bail pending appeal related solely to matters of fact and the severity of the sentence, areas where the Court of Appeal's jurisdiction is severely limited on a second appeal. The applicant failed to demonstrate that the intended appeal had overwhelming chances of success, as required by the authority in Abu Somo v Republic. Consequently, the application for bail pending appeal could not succeed and was dismissed.
Court Disposition
Application dismissed.
Orders
- The application for bail pending appeal is dismissed.
Full Case Text
Judgment text and source record
24 paragraphs
IN THE COURT OF APPEAL AT NAIROBI CORAM: GICHERU, KWACH & BOSIRE, JJ.A. CRIMINAL APPLICATION NO. NAI. 25 OF 2000
BETWEEN
DAVID NGUGI .................................................APPLICANT
AND
THE REPUBLIC ..........................................RESPONDENT
(Application for Bail pending an intended Appeal from a Judgment of the High Court in is appellate jurisdiction at Machakos (Hon. Mr. Justice Mwera) dated 30th October, 2000
in
H.CR.A. NO. 125 OF 2000) ***********
RULING OF THE COURT
The applicant, David Ngugi, was convicted by the Senior Principal Magistrate at Machakos of causing death by dangerous driving c/s 46 of the Traffic Act and sentenced to 3 years imprisonment and disqualified from holding a driving licence for 4 years after serving the prison term.
The applicant appealed to the superior court against both conviction and sentence. Mwera J dismissed the appeal against conviction and sentence in relation to imprisonment, but reduced the period of disqualification to 3 years being the maximum provided by law.
The application for bail pending appeal is brought on the basis that the intended appeal "has prospects of success." That is how Mr Njenga has put it. the grounds of intended appeal set out in paragraph 8 of the supporting affidavit sworn by Mr Njenga clearly reveal that the areas of dispute relate purely to matters of fact and severity of sentence. In a second appeal, the jurisdiction of this Court is severely limited in relation to these matters, and unless it can be shown that this application falls within the ambit of the case of Abu Somo v Republic [1972]EA 476, this application cannot succeed. It has to be shown that the intended appeal has overwhelming chances of success. As we are not satisfied as to this, the application fails and is dismissed.
Dated and delivered at Nairobi this 1st day of February, 2001.
J. E. GICHERU
.....................
JUDGE OF APPEAL
R. O. KWACH
......................
JUDGE OF APPEAL
S. E. O. BOSIRE
......................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR