[2023] KEHC 27059 (KLR)

[2023] KEHC 27059 (KLR)

The court held that bail pending appeal is a discretionary remedy only available in exceptional or unusual circumstances, primarily to prevent the punishment of an innocent person where there is a high likelihood of success on appeal. The applicants, having been convicted and sentenced, no longer benefit from the presumption of innocence. The court found that the applicants failed to demonstrate any exceptional or unusual circumstances or overwhelming chances of success in their appeal. The evidence against them, as found by the trial court, was substantial and detailed, linking each appellant to the offenses. The applicants' arguments regarding the possibility of serving a substantial...

Citation
[2023] KEHC 27059 (KLR)
Parties
Appellant: Sospeter Mwaura Gitundu; Appellant: Samson Ngugi Muhia; Appellant: James Munge Michuki; Respondent: Republic
Court
High Court
Court Station
High Court at Nyandarua
Jurisdiction
Kenya
Judgment Date
21 December 2023
Case Number
Criminal Appeal E003 of 2023
Procedural Posture
Criminal Appeal / Ruling on Application for Bond Pending Appeal
Outcome
application dismissed
Judges
CM Kariuki
Legal Topics
Bail Pending Appeal, Conviction and Sentence, Burden of Proof, Exceptional Circumstances, Right of Appeal
Source Language
English
Criminal Law Civil Procedure Bail Pending Appeal Conviction and Sentence Burden of Proof Exceptional Circumstances Right of Appeal

Case Brief

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Parties

Sospeter Mwaura Gitundu

Appellant

Samson Ngugi Muhia

Appellant

James Munge Michuki

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Ruling on Application for Bond Pending Appeal

Legal Issues

  1. 1 Whether the appellants have demonstrated exceptional or unusual circumstances to warrant grant of bail pending appeal.
  2. 2 Whether the appeal has overwhelming chances of success to justify release on bond pending appeal.
  3. 3 Whether the applicants' personal circumstances or good conduct during trial constitute exceptional circumstances for bail pending appeal.

Ratio Decidendi

The court held that bail pending appeal is a discretionary remedy only available in exceptional or unusual circumstances, primarily to prevent the punishment of an innocent person where there is a high likelihood of success on appeal. The applicants, having been convicted and sentenced, no longer benefit from the presumption of innocence. The court found that the applicants failed to demonstrate any exceptional or unusual circumstances or overwhelming chances of success in their appeal. The evidence against them, as found by the trial court, was substantial and detailed, linking each appellant to the offenses. The applicants' arguments regarding the possibility of serving a substantial...

Court Disposition

application dismissed

Orders

  • The application for bond pending appeal is dismissed.
  • The applicants are to expedite filing of the record of appeal to pave way for hearing of the appeal.