[2015] KEHC 837 (KLR)
The court found that, although the applicant claimed to be elderly and sickly, he was in fact young and robust. The court could not determine the likelihood of success of the appeal due to the absence of the charge sheet. However, the court noted that the applicant had already served four months of his two-year...
Source-derived case information.
- Citation
- [2015] KEHC 837 (KLR)
- Parties
- Appellant: Edward Limiri M’Aranju; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 96 of 2015
- Procedural Posture
- Criminal Appeal / Ruling on Bail Pending Appeal
- Outcome
- application allowed
- Judges
- RPV Wendoh
- Legal Topics
- Bail Pending Appeal, Plea of Guilty, Sentence Suspension, Appellate Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edward Limiri M’Aranju
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the applicant should be granted bail pending appeal.
- 2 Whether the appeal has high chances of success.
- 3 Whether the applicant is likely to serve a substantial part of the sentence before the appeal is heard.
Ratio Decidendi
The court found that, although the applicant claimed to be elderly and sickly, he was in fact young and robust. The court could not determine the likelihood of success of the appeal due to the absence of the charge sheet. However, the court noted that the applicant had already served four months of his two-year sentence and, given the expected delays in court proceedings, he was likely to serve a substantial part of his sentence before the appeal could be heard. On this basis alone, the court exercised its discretion to grant bail pending appeal, setting the bail amount at KShs. 20,000.
Court Disposition
application allowed
Orders
- The applicant may be released on cash bail of KShs. 20,000/=
- The matter to be mentioned on 16/2/2016 with counsel present to confirm if the lower court file has been forwarded from Maua Court
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL APPEAL NO. 96 OF 2015
EDWARD LIMIRI M’ARANJU ......... APPELLANT
V E R S U S
REPUBLIC ...................................... RESPONDENT
RULING
This application is dated 7/10/2015 in which the applicant seeks to be released on bond/bail pending appeal. The grounds upon which the application is brought is that appellant is elderly and sickly; that he was sentenced to two years and bearing in mind that the there are no dates available and the appeal may take long to hear, he will have served a substantial part of the sentence. The other grounds are not relevant at this stage.
Mr. Ondieki, Counsel for applicant also submitted that the appeal has high chances of success as the applicant did not understand the charge; that the State did not specify from which land the theft was committed.
The application was opposed by Learned Counsel for the State, Mr. Mungai, who urged that the appeal does not have overwhelming chances of success; that the applicant pleaded guilty on the second day and had a chance to consider the plea; that he understood the language, gave his mitigation and can only appeal on sentence.
I have given due consideration to this application. I note that the applicant did not attach a copy of the charge sheet so this court does not know with which offence he was charged except what can be gleaned from the facts. In such an application, the primary consideration is whether the applicant’s appeal will have high chances of success. Without the charge, this court cannot tell whether or not the appeal has high chances of success.
Though one of the grounds is that applicant is elderly and sickly, that is not correct. The applicant is a very young man who looks robust.
The other consideration is whether the applicant is likely to serve a substantial part of the sentence before the appeal is heard. In this case, it is evident that the lower court proceedings have already been typed because the applicant pleaded guilty. The preparation of the record of appeal will not take long. The lower court file has however, not been forwarded to this court. The applicant was sentenced in August, 2015. He has already served 4 months in prison. I take note of the fact that not much work goes on in the months of December and January and I do find that he is likely to serve a substantial part of the sentence before the appeal is heard. For that reason alone, I will allow the application. The applicant may be released on cash bail of KShs.20,000/=. The matter be mentioned on 16/2/2016 and Counsel must be present. The mention is to find out if the lower court file will have been forward to this court from Maua Court.
DATED, SIGNED AND DELIVERED THIS 9TH DAY OF DECEMBER, 2015.
R.P.V. WENDOH
JUDGE
9/12/2015