[2017] KEHC 562 (KLR)
The court found that the applicant failed to satisfy the threshold for release on bail pending appeal. The assertion that the appeal had high chances of success was not substantiated in the supporting affidavit, which was brief and did not provide relevant details about the applicant or the merits of the appeal. The...
Source-derived case information.
- Citation
- [2017] KEHC 562 (KLR)
- Parties
- Appellant: James Murimi; Respondent: Director of Public Prosecution
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 21 of 2017
- Procedural Posture
- Criminal Appeal / Ruling on Bail Pending Appeal
- Outcome
- application dismissed
- Judges
- FN Muchemi
- Legal Topics
- Bail Pending Appeal, Threshold for Bail, Grounds for Release, Appeal Success Probability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Murimi
Appellant
Director of Public Prosecution
Respondent
Procedural Posture
Criminal Appeal / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the applicant has demonstrated that his appeal has high chances of success to warrant bail pending appeal.
- 2 Whether exceptional or unusual circumstances exist to justify release on bail pending appeal.
Ratio Decidendi
The court found that the applicant failed to satisfy the threshold for release on bail pending appeal. The assertion that the appeal had high chances of success was not substantiated in the supporting affidavit, which was brief and did not provide relevant details about the applicant or the merits of the appeal. The court held that the applicant did not demonstrate either a likelihood of success in the appeal or the existence of exceptional or unusual circumstances. Consequently, the application for bail pending appeal was dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The application for bail pending appeal is dismissed for lack of merit.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
CRIMINAL APPEAL NO. 21 OF 2017
JAMES MURIMI.......................................................................APPELLANT
VERSUS
DIRECTOR OF PUBLIC PROSECUTION........................RESPONDENT
R U L I N G
1. In his application dated 7/04/2017, the applicant seeks for orders for bail pending appeal. On the face of his application, he states that the appeal has high chances of success.
2. In his supporting affidavit, it deponed that the applicant faithfully attended court during his trial and that if released on bail he would abide by any conditions imposed by the court.
3. The application was opposed by the respondent relying on its replying affidavit sworn by the state counsel Beatrice Manyal. She contended that the applicant has not demonstrated his appeal has high chances of success and that no exceptional or unusual circumstances have been shown.
4. The applicant was convicted of the offence of unnatural offence and sentenced to serve seven years imprisonment by Runyenjes Resident Magistrate on 28/02/2017. He has lodged this appeal alleging that evidence was contradictory and that his defence was not considered. He was not taken for medical examination which would have helped the court to determine whether he had committed sodomy.
5. In an application of this nature, the applicant is required to establish that his appeal had high chances of success. This ground appears on the face of the application but not in the supporting affidavit of the applicant. He swore a very brief affidavit that tells the court nothing about himself save the bail conditions compliance before the trial court.
6. It is my considered opinion that the applicant has not satisfied the threshold of release on bail pending appeal his application must therefore fail.
7. The application is hereby dismissed for lack of merit.
8. It is hereby so ordered.
DELIVERED, DATED AND SIGNED AT EMBU THIS 26TH DAY OF SEPTEMBER, 2017.
F.MUCHEMI
JUDGE
In the presence of:-
The appellant