[2006] KEHC 2476 (KLR)
The court held that the applicant, now a convict, must demonstrate exceptional grounds to be admitted to bail pending appeal. The mere fact that the applicant was on bail during trial and claims to be a student, without supporting evidence, does not meet this threshold. Although the appeal is arguable, this alone...
Source-derived case information.
- Citation
- [2006] KEHC 2476 (KLR)
- Parties
- Appellant: Denis Muthee Chokera; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 185 of 2005
- Procedural Posture
- Criminal Appeal / Bail Pending Appeal Application
- Outcome
- application dismissed
- Judges
- GG Okwengu
- Legal Topics
- Bail Pending Appeal, Defilement Offence, Conviction and Sentence, Exceptional Circumstances
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Denis Muthee Chokera
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Bail Pending Appeal Application
Legal Issues
- 1 Whether the applicant has demonstrated exceptional grounds to warrant admission to bail pending appeal.
- 2 Whether the appeal has realistic prospects of success to justify bail.
Ratio Decidendi
The court held that the applicant, now a convict, must demonstrate exceptional grounds to be admitted to bail pending appeal. The mere fact that the applicant was on bail during trial and claims to be a student, without supporting evidence, does not meet this threshold. Although the appeal is arguable, this alone does not establish high chances of success or justify bail. The court found no exceptional grounds or just cause to admit the applicant to bail and dismissed the application.
Court Disposition
application dismissed
Orders
- The application for bail pending appeal is dismissed.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI
Criminal Appeal 185 of 2005
DENIS MUTHEE CHOKERA…………………….....................……….APPELLANT
VERSUS
REPUBLIC……………………………………..............…………….RESPONDENT
R U L I N G
Denis Muthee Chokera, hereinafter referred to as the Applicant, seeks to be admitted to bail pending the hearing and determination of his appeal against conviction and sentence by the Senior Resident Magistrate Nanyuki for the offence of Defilement of a girl Contrary to Section 145 (1) of the Penal Code.
It is the Applicant’s contention that his appeal has realistic prospects of success. It is also submitted that the Applicant was as student and that He was on bail during his trial in the Lower Court and he is not therefore likely to abscond.
As for the latter argument, the Applicant was on bail during the pendancy of his trial in the Lower Court as that was his constitutional right which could only be taken away on exceptional grounds. The position has now changed. The Applicant is a convict who can only be released on bail if there are exceptional grounds. While it is alleged that the Applicant was a student no evidence has been tendered in support of this allegation.
With regard to the appeal filed, counsel for the applicant has demonstrated that the Applicant has an arguable appeal. However that does not necessarily show that it has high chances of success.
A perusal of the proceedings and judgment of the Lower Court shows that the appeal may not necessarily be a walk over for the Applicant. I find no exceptional grounds or any just cause to warrant the Applicant being admitted to bail. His application is accordingly dismissed.
Dated, signed and delivered this 19th day of May 2006.
H. M. OKWENGU
JUDGE