[1998] KEHC 273 (KLR)
The court found that both the applicant's and respondent's counsel agreed that the appeal had overwhelming chances of success, as the conviction was based on suspicion only. The court, upon reviewing the record and petition of appeal, concurred with this assessment. Consequently, the applicant was entitled to bail...
Source-derived case information.
- Citation
- [1998] KEHC 273 (KLR)
- Parties
- Appellant: Ernest Shivachi Amulele; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 446 of 1998
- Procedural Posture
- Criminal Appeal / Ruling on Bail Pending Appeal
- Outcome
- Application for bail pending appeal allowed.
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Bail Pending Appeal, Theft by Servant, Conviction on Suspicion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ernest Shivachi Amulele
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to bail pending the hearing and determination of his appeal.
- 2 Whether the appeal has overwhelming chances of success justifying release on bail.
Ratio Decidendi
The court found that both the applicant's and respondent's counsel agreed that the appeal had overwhelming chances of success, as the conviction was based on suspicion only. The court, upon reviewing the record and petition of appeal, concurred with this assessment. Consequently, the applicant was entitled to bail pending the hearing and determination of the appeal, as there was no justification for continued deprivation of liberty in such circumstances.
Court Disposition
Application for bail pending appeal allowed.
Orders
- The applicant shall be released on executing a personal bond of Kshs. 5,000 with one surety of a like sum.
- The applicant shall attend the hearing of his appeal.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL APPEAL NO.446 OF 1998
ERNEST SHIVACHI AMULELE.......................................APPELLANT VERSUS REPUBLIC ......................................................................RESPONDENT
R U L I N G
ERNEST SHIVACHI AMULELE.......................................APPELLANT
VERSUS
REPUBLIC ......................................................................RESPONDENT
R U L I N G
The applicant was convicted of the offence of Theft by servant c/s 281 of the Penal Code and sentenced to (6) six months imprisonment. Being aggrieved by the said conviction and sentence the applicant lodged an appeal. There is now before me an application under section 357(I) of the Criminal Procedure Code cap. 75 law of Kenya for an order that the applicant be admitted to bill pending the hearing and determination of the appeal.
The most important ground in such an application is that the appeal has an overwhelming chance of being successful; in that case there is no justification for depriving the applicant of his freedom. See Somo -v- Republic (1972) E.A. 476. After the learned counsel for the applicant made his submissions, the learned counsel for the Republic conceded that the appeal has high chances of success as the applicant was convicted on suspicion only.
I have gone through the record and the petition of appeal. with respect, I agree with both learned counsel that the applicants appeal has overwhelming chances of success. That being the case he is entitled to bail pending the hearing and determination of the said appeal.
I order that he shall be released on executing a personal bond of Kshs. 5,000/- with one surety of a like sum. He shall attend the hearing of his appeal.
Order accordingly.
Dated and delivered at Nairobi this 4th day of November, 1998.
A. MBOGHOLI MSAGHA
JUDGE