[2013] KEHC 1561 (KLR)
The court found that the applicant's plea of guilty was unequivocal and that there was no merit in the appeal, as there was no good reason to fault the magistrate's conviction or sentence. Since the appeal had no chance of success, the application for bail pending appeal lacked merit and was dismissed.
Source-derived case information.
- Citation
- [2013] KEHC 1561 (KLR)
- Parties
- Applicant: Gilbert Sila Ingosi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application 4 of 2013
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Bail Pending Appeal
- Outcome
- application dismissed
- Judges
- LN Mutende
- Legal Topics
- Bail Pending Appeal, False Pretence, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gilbert Sila Ingosi
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the applicant should be granted bail pending appeal after conviction on a plea of guilty.
- 2 Whether the appeal has any chance of success warranting release on bail.
Ratio Decidendi
The court found that the applicant's plea of guilty was unequivocal and that there was no merit in the appeal, as there was no good reason to fault the magistrate's conviction or sentence. Since the appeal had no chance of success, the application for bail pending appeal lacked merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application for bail pending appeal is dismissed.
- The appeal may be heard and determined on a priority basis.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CRIMINAL MISCELLANEOUS NO. 4 OF 2013
GILBERT SILA INGOSI..........................................APPLICANT
VERSUS
REPUBLIC………………………………………………..PROSECUTOR
RULING
Gilbert Sila Ingosi the applicant was charged with the two (2) Counts of attempting to obtain money by false pretence contrary to Section 313 as read with Section 389 of the Penal Code. In the particulars of the offence it stated that he obtained Ksh.95 – from each of the complainants by pretending that he would prepare a badge for the United Kingdom Foundation Company of which the complainants would be employees. He was tried, found guilty, convicted and sentenced to 2 years imprisonment and one year imprisonment on the 1st and 2nd Counts, respectively following his plea of guilty.
Being aggrieved by the conviction and sentence he now appeals to be released on bail pending appeal.
In a response thereto, the Learned State Counsel Mr. Mwangi stated that the appeal had no chance of succeeding but the Applicant could be released because by the time the appeal is heard and determined he will have served sentence.
I have carefully considered the application for bail. I have also perused the recorded plea of guilty which is unequivocal. As clearly stated the appeal has no iota of a chance of succeeding. I have no good reason of even faulting the magistrate for the sentence imposed considering the circumstances in which the offence was committed. In the circumstances, I find the application lacking merit.
Accordingly, it is dismissed. The appeal may however be heard and determined on priority basis.
It is so ordered.
DATED, SIGNED and DELIVEREDat MACHAKOS this 30THday of OCTOBER, 2013.
L.N. MUTENDE
JUDGE