[2012] KEHC 976 (KLR)

[2012] KEHC 976 (KLR)

The court held that bail pending appeal is not automatic as the presumption of innocence is lost upon conviction. The applicant failed to demonstrate overwhelming chances of success in the appeal, as there was no copy of the appeal or charge sheet attached to the application to substantiate the alleged defects. Furthermore, the applicant did not establish any exceptional or unusual circumstances that would justify the grant of bail. The court reiterated that previous good character, family hardship, and compliance with bond terms during trial are not sufficient grounds for granting bail pending appeal. Consequently, the application was found to lack merit and was dismissed.

Citation
[2012] KEHC 976 (KLR)
Parties
Applicant: D.C.W.; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
14 November 2012
Case Number
Miscellaneous Criminal Application 276 of 2012
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Bail Pending Appeal
Outcome
application dismissed
Judges
LA Achode
Legal Topics
Bail Pending Appeal, Presumption of Innocence, Exceptional Circumstances, Sexual Offences, Conviction Appeal
Source Language
English
Criminal Law Civil Procedure Bail Pending Appeal Presumption of Innocence Exceptional Circumstances Sexual Offences Conviction Appeal

Case Brief

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Parties

D.C.W.

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application for Bail Pending Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to bail or bond pending the hearing and determination of the appeal.
  2. 2 Whether there are overwhelming chances of success in the appeal to justify granting bail.
  3. 3 Whether exceptional or unusual circumstances exist to warrant the grant of bail pending appeal.

Ratio Decidendi

The court held that bail pending appeal is not automatic as the presumption of innocence is lost upon conviction. The applicant failed to demonstrate overwhelming chances of success in the appeal, as there was no copy of the appeal or charge sheet attached to the application to substantiate the alleged defects. Furthermore, the applicant did not establish any exceptional or unusual circumstances that would justify the grant of bail. The court reiterated that previous good character, family hardship, and compliance with bond terms during trial are not sufficient grounds for granting bail pending appeal. Consequently, the application was found to lack merit and was dismissed.

Court Disposition

application dismissed

Orders

  • The application for bail/bond pending appeal is dismissed.