[2011] KEHC 1530 (KLR)
The court held that the applicant, having been convicted of a serious offence and sentenced to a lengthy term of imprisonment, bears the burden of demonstrating valid grounds for the suspension of her sentence pending appeal. The court found that the seriousness of the offence and the stiff penalty imposed increased...
Source-derived case information.
- Citation
- [2011] KEHC 1530 (KLR)
- Parties
- Appellant: Doris Anyango Osino; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 129 of 2011
- Procedural Posture
- Criminal Appeal / Application for Bail Pending Appeal
- Outcome
- application for bail pending appeal dismissed
- Judges
- JV Juma
- Legal Topics
- Bail Pending Appeal, Flight Risk, Narcotic Drugs Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Doris Anyango Osino
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Bail Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to bail pending appeal after conviction for trafficking in narcotic drugs.
- 2 Whether there exist valid grounds to temporarily suspend the applicant's sentence.
Ratio Decidendi
The court held that the applicant, having been convicted of a serious offence and sentenced to a lengthy term of imprisonment, bears the burden of demonstrating valid grounds for the suspension of her sentence pending appeal. The court found that the seriousness of the offence and the stiff penalty imposed increased the risk that the applicant would abscond if released. The court was not persuaded that any exceptional or compelling circumstances existed to justify granting bail pending appeal. Consequently, the application for bail was disallowed.
Court Disposition
application for bail pending appeal dismissed
Orders
- The application for bail pending appeal is disallowed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO. 129 OF 2011
(From Original Conviction and Sentence in Criminal Case No. 167 of 2011 of the Chief Magistrate’s Court
at Mombasa: L. Mutende – S.P.M.)
DORIS ANYANGO OSINO.......................................................................................................................APPELLANT
=VERSUS=
REPUBLIC..............................................................................................................................................RESPONDENT
RULING
The applicant herein DORIS ANYANGO OSINO has through her Advocate MR. KANYI applied to be released on bail pending the hearing and determination of her appeal. The applicant had been charged with the offence of TRAFFICKING IN NARCOTIC DRUGS for which she was convicted by the Senior Principal Magistrate and was thereafter sentenced to serve fifteen (15) years imprisonment. The applicant has filed an appeal against both that conviction and sentence. She now comes to this court seeking to be released on bail during the pendancy of that appeal. The position of this applicant is very different from that of an accused person who is seeking bail pendancy trial. In the latter case such an accused has not been convicted. In this case the applicant stands convicted by a duly constituted court of law. The applicant must persuade this court that there exist extremely valid grounds for the temporary suspension of her sentence. The mere fact that one has filed an appeal does not automatically entitle one to bail. I have considered the submissions of Mr. Kanyi as well as those of Mr. Onserio. In view of the serious nature of the offence charged and the stiff penalty it attracts I find that the applicant does pose a flight risk. I am not persuaded that there is any valid basis to suspend her sentence and I therefore disallow the applicant’s application for bail pending appeal.
Dated and delivered in Mombasa this 15th day of July 2011.
M. ODERO
JUDGE
In the presence of
Mr. Kanyi for accused
Mr. Onserio for State