[2018] KEHC 3958 (KLR)
The court declined to grant bail pending appeal, finding that the grounds advanced by the appellant—namely, the alleged high chances of success of the appeal and the appellant's ill health—were insufficient to warrant the exercise of discretion in his favour. The court emphasized that bail pending appeal is not...
Source-derived case information.
- Citation
- [2018] KEHC 3958 (KLR)
- Parties
- Appellant: Erick Wekesa Bisuche; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 73 of 2018
- Procedural Posture
- Criminal Appeal / Ruling on Bail Pending Appeal
- Outcome
- application for bail pending appeal declined
- Legal Topics
- Bail Pending Appeal, False Pretence Offences, Sentencing, Appeal Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erick Wekesa Bisuche
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the appellant should be granted bail pending appeal.
- 2 Whether the grounds advanced by the appellant justify release on bail pending appeal.
Ratio Decidendi
The court declined to grant bail pending appeal, finding that the grounds advanced by the appellant—namely, the alleged high chances of success of the appeal and the appellant's ill health—were insufficient to warrant the exercise of discretion in his favour. The court emphasized that bail pending appeal is not automatic and must be justified by exceptional circumstances, which were not demonstrated in this case. The court therefore ordered that the appeal be set down for hearing at the earliest opportunity instead of granting bail.
Court Disposition
application for bail pending appeal declined
Orders
- Bail pending appeal is declined.
- The appeal shall be heard on 16.10.2018.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BUNGOMA
CRIMINAL APPEAL NO. 73 OF 2018
ERICK WEKESA BISUCHE.................................APPELLANT
VERSUS.
REPUBLIC............................................................RESPONDENT
RULING.
This is an application pending appeal filed by the appellant dated 17. 8.2018 premised on the grounds that he was sentenced to serve 2 years imprisonment on 3. 8.2018 for the offence of obtaining by false pretense. His main ground in this application is that he has filed an appeal which has high chances of success, and that he is unwell and needs treatment. The prosecution is not opposed to the application.
I have considered the application and the grounds. I decline granting the bail pending appeal and direct that the appeal be heard on 16. 10. 2018.
Dated at Bungoma this 3rdday ofOctober,2018.
S.N. RIECHI
JUDGE.