[2010] KEHC 3350 (KLR)
The court found that the Memorandum of Appeal did not disclose any compelling grounds or exceptional circumstances to warrant the grant of bail pending appeal. The applicant, having been convicted by a duly constituted court, is required to serve the sentence imposed unless the appeal demonstrates a high likelihood...
Source-derived case information.
- Citation
- [2010] KEHC 3350 (KLR)
- Parties
- Appellant: Gedion David Owiye; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 27 of 2010
- Procedural Posture
- Criminal Appeal / Application for Bail Pending Appeal
- Outcome
- Application for bail pending appeal denied.
- Judges
- JV Juma
- Legal Topics
- Bail Pending Appeal, Conviction, Sentence Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gedion David Owiye
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Bail Pending Appeal
Legal Issues
- 1 Whether the applicant should be granted bail pending the determination of his criminal appeal.
Ratio Decidendi
The court found that the Memorandum of Appeal did not disclose any compelling grounds or exceptional circumstances to warrant the grant of bail pending appeal. The applicant, having been convicted by a duly constituted court, is required to serve the sentence imposed unless the appeal demonstrates a high likelihood of success or other special reasons are shown. The court declined to pre-judge the merits of the appeal and held that the applicant should continue serving his sentence pending the outcome of the appeal.
Court Disposition
Application for bail pending appeal denied.
Orders
- The application for bond pending appeal is denied.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA
Criminal Appeal 27 of 2010
GEDION DAVID OWIYE …….…………..……………… APPELLANT
VERSUS
REPUBLIC ……………………...….………………………… RESPONDENT
*********************
RULING
The Applicant herein seeks to be admitted to bail pending appeal. The application is opposed by Mr. Onserio for the State. The Applicant having already been convicted by the lower court is now serving his sentence. I have looked at the Memorandum of Appeal and in my view it does not reveal much about the chances of success or otherwise of the intended appeal. As matters now stand the Applicant stands convicted by a duly constituted court of law and pending the hearing and determination of his appeal, he should proceed to serve sentence as imposed by the court. This court cannot and will not pre-judge the appeal. For the above
reasons this present application for bond pending appeal is denied.
Dated and Delivered at Mombasa this 24th day of February 2010.
M. ODERO
JUDGE
Read in the presence of:
Ms. Odhiang for Applicant
Mr. Onserio for Respondent
M. ODERO
JUDGE
24/2/2010