[2001] KEHC 316 (KLR)
The court held that the applicant failed to demonstrate that his appeal had overwhelming chances of success, which is the primary ground for granting bail pending appeal as established in Somo v. Republic. The mere assertion by counsel that the appeal has high chances of success was deemed insufficient. Furthermore,...
Source-derived case information.
- Citation
- [2001] KEHC 316 (KLR)
- Parties
- Applicant: Fredrick Charo Yaa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 2001 of 1998
- Procedural Posture
- Criminal Appeal / Ruling on Bail Pending Appeal
- Outcome
- application dismissed
- Legal Topics
- Bail Pending Appeal, Forgery Offences, Utterance of False Documents
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Charo Yaa
Applicant
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 overwhelming chances of success to justify release on bail.
Ratio Decidendi
The court held that the applicant failed to demonstrate that his appeal had overwhelming chances of success, which is the primary ground for granting bail pending appeal as established in Somo v. Republic. The mere assertion by counsel that the appeal has high chances of success was deemed insufficient. Furthermore, the court found no special circumstances to warrant the grant of bail. As the applicant is serving a lawful sentence passed by a competent court, and in the absence of compelling reasons or special circumstances, the application for bail pending appeal was dismissed.
Court Disposition
application dismissed
Orders
- 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 MOMBASA
APPELATE SIDE
CRIMINAL APPEAL NO.198A OF 2001
(Being an appeal from Original Conviction and Sentence in Criminal Case No.1099 of 1998 of the Principal Magistrate’s Court at Malindi –J. Manyasi, SPM) FREDRICK CHARO YAA ………………………………….. APPLICANT
VERSUS REPUBLIC ……………………………………………….. RESPONDENT RULING The applicant was charged with another on various counts of forgery and uttering false documents contrary to Section 349 and 353 respectively of the Penal Code.
The applicant was found guilty on all 8 counts and sentenced to various terms of imprisonment to run concurrently for the maximum of 4 years. The applicant has filed a petition of appeal.
The grounds upon which the bail is applied for is that the appeal has high chances of success. On this issue I have considered the submissions of counsel for the applicant and the proceedings. I can say that the applicant has an appeal which is yet to be admitted. In the case of Somo v. Republic 1972 the main and important ground for granting bail is where the appeal has such overwhelming chances of success that it is not justified for the continued imprisonment thereby depriving the applicant his freedom. In this case I am unable to say that the applicant has overwhelming chances of success. The counsel submits that there is high chances of success. This is not enough for purposes of granting bail.
At this stage the applicant is serving lawful judgment passed by a court of law and unless there is special circumstances, which I do not find, bail will not be granted. For these reasons application is dismissed.
Dated at Mombasa this 2nd Day of October, 2001.
J. KHAMINWA
COMMISSIONER OF ASSIZE
Read in presence of Mr. Gumo State Counsel and Mr. Chingiti for Odiaga. J. KHAMINWA COMMISSIONER OF ASSIZE