[2023] KEHC 24751 (KLR)

[2023] KEHC 24751 (KLR)

The court held that the applicant failed to demonstrate that his appeal had overwhelming chances of success, which is the principal criterion for granting bail pending appeal. The court emphasized that at the appellate stage, the burden shifts to the convicted person to show that the appeal is likely to succeed or that exceptional circumstances exist. The court also noted that the absence of opposition from the State does not automatically entitle the applicant to bail. After considering the submissions and the applicable legal principles, the court found no sufficient grounds to justify the grant of bail pending appeal and dismissed the application as unmeritorious.

Citation
[2023] KEHC 24751 (KLR)
Parties
Appellant: Charles Kimani Gitaka; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
31 October 2023
Case Number
Criminal Appeal E158 of 2023
Procedural Posture
Criminal Appeal / Ruling on Application for Bail Pending Appeal
Outcome
application dismissed
Judges
LN Mutende
Legal Topics
Bail Pending Appeal, Burden of Proof on Appellant, Sexual Offences, Judicial Discretion
Source Language
English
Criminal Law Civil Procedure Bail Pending Appeal Burden of Proof on Appellant Sexual Offences Judicial Discretion

Case Brief

Summary, issues, holding and outcome

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Parties

Charles Kimani Gitaka

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Ruling on Application for Bail Pending Appeal

Legal Issues

  1. 1 Whether the appellant has demonstrated overwhelming chances of success in the appeal to justify bail pending appeal.
  2. 2 Whether exceptional or unusual circumstances exist to warrant the grant of bail pending appeal.
  3. 3 Whether the absence of opposition by the State to the application entitles the appellant to bail pending appeal.

Ratio Decidendi

The court held that the applicant failed to demonstrate that his appeal had overwhelming chances of success, which is the principal criterion for granting bail pending appeal. The court emphasized that at the appellate stage, the burden shifts to the convicted person to show that the appeal is likely to succeed or that exceptional circumstances exist. The court also noted that the absence of opposition from the State does not automatically entitle the applicant to bail. After considering the submissions and the applicable legal principles, the court found no sufficient grounds to justify the grant of bail pending appeal and dismissed the application as unmeritorious.

Court Disposition

application dismissed

Orders

  • The application for bail pending appeal is dismissed.