[2014] KEHC 1442 (KLR)
The court found that the applicant had entered an unequivocal plea of guilty and that the proper procedure for taking plea was followed, thus the appeal did not have a high chance of success. Additionally, the only circumstance advanced by the applicant was the likelihood of serving the sentence before the appeal is...
Source-derived case information.
- Citation
- [2014] KEHC 1442 (KLR)
- Parties
- Appellant: Emily Chepkoech; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 81 of 2014
- Procedural Posture
- Criminal Appeal / Ruling on Bail Pending Appeal
- Outcome
- application dismissed
- Judges
- AW Macharia
- Legal Topics
- Bail Pending Appeal, Plea of Guilty, Exceptional Circumstances, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Emily Chepkoech
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 a high chance of success.
- 3 Whether there exist unusual and exceptional circumstances warranting bail pending appeal.
Ratio Decidendi
The court found that the applicant had entered an unequivocal plea of guilty and that the proper procedure for taking plea was followed, thus the appeal did not have a high chance of success. Additionally, the only circumstance advanced by the applicant was the likelihood of serving the sentence before the appeal is heard, which the court held does not amount to an unusual or exceptional circumstance. Consequently, the application for bail pending appeal lacked merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application for bail pending appeal is dismissed.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT ELDORET
CRIMINAL APPEAL NO. 81 OF 2014
EMILY CHEPKOECH …........................... APPELLANT/APPLICANT
VERSUS
REPUBLIC ............................................................... RESPONDENT
RULING
By Notice of Motion dated 16th May, 2014 the Appellant prays for bail pending appeal.
It is premised on the grounds that:-
- The appeal has taken long to be heard and determined.
- The appeal has a high chance of success.
It is supported by the affidavit of Emily Chepkoech the Applicant herein sworn on 16th May, 2014.
The application was canvassed before me on 28th July, 20014. Learned Counsel Mr. Kegehi appeared for the Applicant while learned state counsel Mr. Mulati appeared for the Respondent.
The guiding principles in an application of this nature is whether the appeal has a high chance of success and whether the Applicant has demonstrated any unusual and exceptional circumstances that would warrant the granting of bail pending appeal.
On success of the appeal, I have looked at the proceedings. The Applicant entered an unequivocal plea of guilty. The proper procedure of taking plea was followed. I do not wish to elaborate further than this for the risk that I may determine the appeal at this stage. The first test therefore fails.
As to unusual and exceptional circumstances, all that was submitted is that the Applicant is likely to serve the sentence by the time the appeal is heard. This is not an unusual and exceptional circumstance that would favour her.
In the end the application lacks merit and I dismiss it.
DATED and DELIVERED at ELDORET this 21st day of November, 2014.
G. W. NGENYE – MACHARIA
JUDGE
In the presence of:
Appellant present for the Appellant/Applicant
Mulati for the Respondent