[2010] KEHC 1519 (KLR)
The court found that although the applicant raised pertinent legal issues regarding the sufficiency of evidence for obtaining by false pretences and the clarity of the trial language, these did not amount to exceptional circumstances warranting bail pending appeal. The court noted that the outcome of the appeal was...
Source-derived case information.
- Citation
- [2010] KEHC 1519 (KLR)
- Parties
- Applicant: Faith Wambui Muthoni; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 77 of 2010
- Procedural Posture
- Criminal Appeal / Ruling on Bail Pending Appeal
- Outcome
- application dismissed
- Judges
- J Karanja
- Legal Topics
- Bail Pending Appeal, Obtaining by False Pretences, Identification Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Faith Wambui Muthoni
Applicant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the applicant should be released on bail pending appeal.
- 2 Whether the appeal has high chances of success to warrant bail.
- 3 Whether the applicant is likely to serve a substantial part of her sentence before the appeal is determined.
Ratio Decidendi
The court found that although the applicant raised pertinent legal issues regarding the sufficiency of evidence for obtaining by false pretences and the clarity of the trial language, these did not amount to exceptional circumstances warranting bail pending appeal. The court noted that the outcome of the appeal was not a foregone conclusion and that the applicant had a similar case pending before another court. The judge was not persuaded that the appeal had such high chances of success or that the applicant would suffer prejudice justifying release on bail. Consequently, the application for bail pending appeal was dismissed, and the applicant was ordered to continue serving her sentence...
Court Disposition
application dismissed
Orders
- The application for bail pending appeal dated 14.6.2010 is dismissed.
- The applicant shall continue serving her sentence pending the hearing and determination of her appeal.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU Criminal Appeal 77 of 2010
FAITH WAMBUI MUTHONI……………………………APPLICANT
VERSUS
REPUBLIC…….………………..……………………….RESPONDENT
R U L I N G
The Applicant through Muyondi & Co. Advocates seeks to be released on bail pending appeal.She relies on 4 grounds as enumerated on the face of her application.Among these grounds is that her Appeal has very high chances of success.She also states that she is likely to serve a substantial part of her sentence before the Appeal is determined.
She in paragraph 4 of her supporting affidavit also avers that the language used in the trial court was not clearly indicated.I have considered these grounds along with the contents of the 2 affidavits in support of the Application.I have also considered the submission by her learned counsel.The state has conceded the application.I have nonetheless read the record of the trial court.The complainant’s evidence reads like fiction from another planet.The court nonetheless appreciates that there are very gullible human beings out there who fall prey to such antics and lose huge sums of money to tricksters.I have no doubt in my mind that the complainant was able to see and clearly identify the person who conned him of the money given the many hours they spent together.
I agree that the legal question as to whether the ingredients of obtaining money by false pretences were proved is a pertinent one.That is an issue to be determined at the hearing of the Appeal.The court will also at that point be faced with the question as to whether the facts proved disclose any other cognate offence.The outcome of the Appeal cannot therefore be said to be a foregone conclusion.
I also note that the Appellant has a similar case pending before another court.I am dissuaded from releasing her on bail pending Appeal.Consequently, I dismiss the application dated 14. 6.2010 and order that the applicant continues serving her sentence while she awaits the hearing of her Appeal.
W. KARANJA
JUDGE
Delivered, dated and signed at Embu this 23rd day of September 2010.
In presence of:-Mr. Okwaro for Applicant & Ms. Matiru for State.