[2009] KEHC 3120 (KLR)
The court found that the applicant is a perpetual offender, having been convicted and sentenced for multiple offences in the recent past, including theft of animals, house breaking, and burglary. The judge determined that, given this history and the request for a free bond, the applicant could not be trusted to...
Source-derived case information.
- Citation
- [2009] KEHC 3120 (KLR)
- Parties
- Applicant: Geofry Mbutui Otaro; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 20 of 2009
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Bail Pending Appeal
- Outcome
- application dismissed
- Legal Topics
- Bail Pending Appeal, Repeat Offender Status, Sentencing Considerations
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geofry Mbutui Otaro
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to bail pending appeal.
- 2 Whether the applicant's status as a repeat offender affects his eligibility for bail pending appeal.
Ratio Decidendi
The court found that the applicant is a perpetual offender, having been convicted and sentenced for multiple offences in the recent past, including theft of animals, house breaking, and burglary. The judge determined that, given this history and the request for a free bond, the applicant could not be trusted to appear for the appeal if released. The court concluded that there were no exceptional circumstances to warrant granting bail pending appeal and therefore dismissed the application for lack of merit.
Court Disposition
application dismissed
Orders
- The application for bail pending appeal is dismissed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
Miscellaneous Criminal Application 20 of 2009
GEOFRY MBUTUI OTARO ………..…….........……………… APPLICANT
V E R S U S
REPUBLIC ………………………………………………….. RESPONDENT
R U L I N G
The Applicant was convicted by the Butere Resident Magistrate and sentenced to serve three (3) years in prison for the offence of having or conveying suspected stolen properties contrary to section 323 of the Penal Code. He filed Criminal Appeal No. 51 of 2007 which is pending hearing. He has filed the current application seeking bail pending Appeal.
During the hearing of the application the applicant submitted that he prayed that he be given a free bond. He has a child who was to go to nursery school but couldn’t because the father who is the appellant is in jail. He submitted that his wife left the homestead.
Mr. Karuri, State Counsel, opposed the application and submitted that the applicant was convicted of a similar offence in Criminal Case No. 287 of 2005 and has fully served that sentence.
I have read the lower court record, in criminal case No. 625/05 and note that the applicant was a 4th offender when he was being convicted. On 15th July 2006 he was sentenced to serve 4 months for theft of animals by the Butere Court. On 26th July, 2006 he was sentenced to serve 15 months imprisonment for house breaking by the Butere Court and on 16th December, 2005 he had been sentenced to serve three years for burglary and stealing.
It is therefore evident that the applicant is a perpetual offender. Since he would like to be given free bond, I do not think he can be trusted by the court and be set free pending the hearing of the Appeal. I find no merit in the application and the same is dismissed.
Delivered, dated and signed at Kakamega this 30th day of June, 2009.
SAID J. CHITEMBWE
J U D G E