[2010] KEHC 1520 (KLR)
The court found that while the applicant has an arguable appeal, it does not have high chances of success. The only ground relied upon by the applicant was the alleged high chances of success, which the court did not find persuasive. Consequently, the application for bail pending appeal lacked merit and was dismissed.
Source-derived case information.
- Citation
- [2010] KEHC 1520 (KLR)
- Parties
- Appellant: Francis Njogu Nyaga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 72 of 2010
- Procedural Posture
- Criminal Appeal / Ruling on Bail Pending Appeal
- Outcome
- application dismissed
- Judges
- J Karanja
- Legal Topics
- Bail Pending Appeal, Standards for Granting Bail, Appeal Chances of Success
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Njogu Nyaga
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the appellant is entitled to bail pending appeal under Section 357 of the Criminal Procedure Code.
- 2 Whether the appeal has high chances of success to warrant the grant of bail pending appeal.
Ratio Decidendi
The court found that while the applicant has an arguable appeal, it does not have high chances of success. The only ground relied upon by the applicant was the alleged high chances of success, which the court did not find persuasive. 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
14 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU
Criminal Appeal 72 of 2010
FRANCIS NJOGU NYAGA…………….………………..APPELLANT
VERSUS
REPUBLIC………………………....…………………RESPONDENT
R U L I N G
The Notice of Motion dated 30. 06. 2010 is brought under Section 357 of the Criminal Procedure Code.The Applicant through Duncan Muyondi & Co. Advocates has moved this court for bail pending Appeal. He was convicted on 5 counts following a full trial and sentenced to between 2 years and 6 years imprisonment on each count.Since the sentences were ordered to run concurrently, he has to serve the 6 years imprisonment.He is in my view unlikely to serve the entire or a substantial part of that sentence before his Appeal is heard and determined.He relies on 7 grounds on the face of the application but basically his case is that his appeal has high chances of success as the evidence adduced was not sufficient to support a conviction.
The Application was strongly opposed by learned counsel for the state.He maintained the Appeal lacks merit and is unlikely to succeed.He therefore urged the court to dismiss the Application
I have considered the grounds of the application and the Applicant’s Affidavit is support of the same.I have read through the proceedings.All I can say at this stage in order not to prejudice the Appeal is that the applicant has an arguable appeal but certainly not one with high chances of success.That being the only other ground he was relying on, his application must fail.The Application in my considered view lacks merit and the same is hereby dismissed.
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
the State.