[2015] KEHC 2520 (KLR)
The court found that, upon reviewing the proceedings before the trial court, the appeal had high chances of success. The judge noted that although the general rule is that a conviction on a plea of guilty limits the grounds of appeal to sentence only, exceptions exist where the plea was not unequivocal. Given the...
Source-derived case information.
- Citation
- [2015] KEHC 2520 (KLR)
- Parties
- Appellant: Doris Kendi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 80 of 2015
- Procedural Posture
- Criminal Appeal / Ruling on Bail Pending Appeal
- Outcome
- Application for bail pending appeal allowed.
- Judges
- RPV Wendoh
- Legal Topics
- Bail Pending Appeal, Plea of Guilty, Sentencing, Conviction Challenge
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Doris Kendi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to bail pending appeal.
- 2 Whether the appeal has overwhelming chances of success.
- 3 Whether a conviction on a plea of guilty can be challenged on appeal.
Ratio Decidendi
The court found that, upon reviewing the proceedings before the trial court, the appeal had high chances of success. The judge noted that although the general rule is that a conviction on a plea of guilty limits the grounds of appeal to sentence only, exceptions exist where the plea was not unequivocal. Given the circumstances and the arguments raised regarding the lack of production of exhibits, the court exercised its discretion to grant bail pending appeal to prevent the appeal from being rendered nugatory by the applicant serving a substantial part or the whole of the sentence before the appeal is heard.
Court Disposition
Application for bail pending appeal allowed.
Orders
- Applicant to be released on cash bail of Kshs.15,000/=
- Counsel to prepare the record of appeal and have it admitted to hearing.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRA NO.80 OF 2015
DORIS KENDI………………………………………………APPELLANT
-VRS-
REPUBLIC…………………………………………………RESPONDENT
RULING
By the Notice of Motion dated 15/7/2015, Doris Kendi, the applicant herein seeks to be granted bail pending appeal. The applicant was charged with the offence of dealing with Alcoholic drinks without a license and was convicted and sentenced to a fine of Kshs.100, 000/= in default, to serve one year imprisonment. She contends that she filed an appeal which has high chances of success because the exhibits were not produced in court, and that one is likely to serve a substantial part or the whole of the sentence before the appeal is heard and the appeal will be rendered nugatory.
Mr Kariuki Mugo, Learned Counsel for the State opposed the application for the reasons that having admitted the offence and convicted on her own plea, there is no possibility of the appeal succeeding.
The primary consideration in an application for bail pending appeal is whether the appeal has overwhelming chances of success. It is trite law that where an appellant has pleaded guilty to the offence and is convicted on his own plea, he can only appeal on the length and legality of the sentence but not the conviction. However, there are exceptions to the rule for example, where the plea was not unequivocable.
I have read the proceedings before the trial court and I am satisfied that the appeal has high chances of success. I allow the application and grant he applicant bond. She may be released on cash bail of Kshs.15, 000/=. Counsel to prepare the record of appeal and have it admitted to hearing. Mention on 2. 11. 2015 to confirm whether or not the record is ready.
DATED, SIGNED AND DELIVERED THIS 26TH DAY OF AUGUST, 2015.
R.P.V. WENDOH
JUDGE
PRESENT:
Mr. Musyoka for State
Mr H. Gitonga for Accused
Ibrahim, Court Assistant
All applicants, Present.