[2010] KEHC 1839 (KLR)
The court found that the appellant failed to demonstrate that her appeal had overwhelming chances of success or that there existed exceptional or unusual circumstances to justify the grant of bail pending appeal. Mere ill health and assertions regarding the likelihood of serving the sentence before the appeal is...
Source-derived case information.
- Citation
- [2010] KEHC 1839 (KLR)
- Parties
- Appellant: Jane Kanario; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 52 of 2010
- Procedural Posture
- Criminal Appeal / Application for Bail Pending Appeal
- Outcome
- application dismissed
- Legal Topics
- Bail Pending Appeal, Obtaining by False Pretences, Conviction Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Kanario
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Bail Pending Appeal
Legal Issues
- 1 Whether the appellant is entitled to bail pending appeal.
- 2 Whether the appeal has overwhelming chances of success.
- 3 Whether exceptional or unusual circumstances exist to warrant bail pending appeal.
Ratio Decidendi
The court found that the appellant failed to demonstrate that her appeal had overwhelming chances of success or that there existed exceptional or unusual circumstances to justify the grant of bail pending appeal. Mere ill health and assertions regarding the likelihood of serving the sentence before the appeal is heard do not meet the threshold established by precedent. Consequently, the application for bail pending appeal was found to be without merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application for bail pending appeal is dismissed.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU Criminal Appeal 52 of 2010
JANE KANARIO ............................................. APPELLANT
VERSUS
REPUBLIC ................................................... RESPONDENT
RULING
What is for consideration in this ruling is the Notice of Motion dated 19th April 2010. It is an application for bail pending appeal.The appellant in support of her application has deponed as follows:-
“That I was charged in Meru Criminal Case No. 1783 of 2008 with 4 counts of obtaining by falsepretences c/s 313 of the Penal Code and convicted on the 22nd February 2010 on 4 counts of obtaining by false pretences.
That I am of poor health and in need of specialized medical care and I pray that I be granted bail pending appeal.
That I am likely to serve the entire term if bail is not granted and yet my appeal has high chances of success because the Hon. Magistrate did not consider my defence of alibi.” The principles of granting bail pending appeal were well set out in the following cases:-In the case of Somo Vs. Republic [1972] EA. 476, the court held that an applicant seeking bail pending appeal had to show his appeal has overwhelming chances of success and in which case he ought not to be kept in prison whilst awaiting the hearing of his appeal.In the case of Kaguma Vs. Republic [2004] 1 EA the court held:- “For the applicant to obtain bail pending appeal, he had to demonstrate overwhelming chances of success.Minor relevant considerations would be whether there were exceptional or unusual circumstances.Previous good character of the applicant, hardship facing the wife and children, mere ill health, or even a solemn assertion that the applicant would not abscond were not exceptional circumstances.” Having considered the application, I find that the appellant’s application is not merited and the same is dismissed. Dated and delivered at Meru this 29th day of July 2010.
MARY KASANGO
JUDGE