[2005] KEHC 2353 (KLR)
The court found that, upon perusal of the trial court proceedings, judgment, and the applicant's grounds of appeal, it could not concur at this stage that the appeal had overwhelming chances of success. Furthermore, the court found no compelling reason or hardship that would justify the applicant's release on bail...
Source-derived case information.
- Citation
- [2005] KEHC 2353 (KLR)
- Parties
- Applicant: Henry Kiunga Mikiao; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 41 of 2005
- Procedural Posture
- Criminal Appeal / Application for Bail Pending Appeal
- Outcome
- Application for bail pending appeal dismissed.
- Legal Topics
- Bail Pending Appeal, Handling Stolen Stock, Conviction and Sentence, Appellate Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Henry Kiunga Mikiao
Applicant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Bail Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to bail pending the hearing of his appeal.
- 2 Whether the appeal has overwhelming chances of success to justify bail.
- 3 Whether there are compelling reasons or hardship warranting release on bail pending appeal.
Ratio Decidendi
The court found that, upon perusal of the trial court proceedings, judgment, and the applicant's grounds of appeal, it could not concur at this stage that the appeal had overwhelming chances of success. Furthermore, the court found no compelling reason or hardship that would justify the applicant's release on bail pending the hearing of his appeal. Therefore, the application for bail pending appeal was found to be without merit and was rejected.
Court Disposition
Application for bail pending appeal dismissed.
Orders
- The application for bail pending appeal is rejected.
Full Case Text
Judgment text and source record
7 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI Criminal Appeal 41 of 2005HENRY KIUNGA MIKIAO…………………..APPLICANT/APPLICANT VERSUS REPUBLIC…………………………………………..………RESPONDENT
(Appeal from the original conviction and sentence in Criminal Case No.737 of 2003 in the Senior Resident Magistrate’s Court at Nanyuki by P.C. Tororey – SRM)
R U L I N G Henry Kiunga Mikiao hereinafter referred to as the applicant has come to this court under Section 357(1) of the Criminal Procedure Code seeking bail pending the hearing of his appeal which He has filed against his conviction and sentence by the Senior Resident Magistrate Nanyuki for the offence of Handling Stolen Stock Contrary to Section 322(2) of the Penal Code. It is contended that the applicant’s appeal has overwhelming chances of success and that the applicant is likely to serve a substantial part of the sentence unless He is released on bail pending the hearing of his appeal.
I have perused the proceedings and judgment of the trial court as well as the applicants grounds of appeal I cannot at this stage concur that the appeal has overwhelming chances of success nor do I find any other compelling reason or hardship that would justify the release of the applicant pending the hearing of his appeal. I do therefore find no merit in the application and reject the same.
Dated, signed and delivered this 30th day of May 2005.
H. M. OKWENGU JUDGE