[2013] KEHC 4654 (KLR)
The court found that the appeal had overwhelming chances of success, as both the defence and the prosecution agreed that the trial magistrate failed to evaluate the defence evidence or provide reasons for disregarding it. The court, applying the principle from DOMINIC KARANJA V REPUBLIC, determined that there was no...
Source-derived case information.
- Citation
- [2013] KEHC 4654 (KLR)
- Parties
- Appellant: Johannes Matiko; Appellant: Peter Murithi Kinywa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 218 & 220 of 2012
- Procedural Posture
- Criminal Appeal / Bail Pending Appeal
- Outcome
- Bail pending appeal granted.
- Judges
- F Gikonyo
- Legal Topics
- Bail Pending Appeal, Standards for Bail, Evaluation of Defence, Appeal Success Probability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Johannes Matiko
Appellant
Peter Murithi Kinywa
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Bail Pending Appeal
Legal Issues
- 1 Whether the appellants are entitled to bail pending appeal.
- 2 Whether the trial magistrate failed to evaluate or assign reasons for disregarding the defence evidence.
- 3 Whether there are overwhelming chances of the appeal succeeding.
Ratio Decidendi
The court found that the appeal had overwhelming chances of success, as both the defence and the prosecution agreed that the trial magistrate failed to evaluate the defence evidence or provide reasons for disregarding it. The court, applying the principle from DOMINIC KARANJA V REPUBLIC, determined that there was no justification to curtail the liberty of the appellants in such circumstances. Consequently, the court granted bail pending appeal, requiring the appellants to enter into a bond of Kshs. 300,000 with one surety of a like amount.
Court Disposition
Bail pending appeal granted.
Orders
- The appellants shall be released on bail pending appeal.
- Each appellant shall enter into a bond in the sum of Kshs. 300,000 with one surety of the like amount.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
High Court at Bungoma
Criminal Appeal 218 & 220 of 2012 [if !mso]> <style> v:* {behavior:url(#default#VML);} o:* {behavior:url(#default#VML);} w:* {behavior:url(#default#VML);} .shape {behavior:url(#default#VML);} </style> <![endif]
JOHANNES MATIKO :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::1ST APPELLENT
PETER MURITHI KINYWA :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 2ND APPELLANT
~VRS~
REPUBLIC:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::RESPONDENT
RULING
[1]The application before me is one of bail pending appeal. The thresholds for bail pending appeal are now settled in DOMINIC KARANJA V REPUBLIC, and the major one is; where there is overwhelming chances of the appeal succeeding, there should be no justification to curtail the liberty of the appellant.
[2]Mr. Indimuli for the defence argues that the trial magistrate, neither evaluated the defence offered, nor assigned any reasons for disregarding the defence offered by the defence.
[3]The prosecution concedes the appeal has overwhelming chances of success. According to Mr. Kibelion, the defence offered which was consistent with the account of the incident narrated by PW5 was not considered by the trial court.
[4]Having considered all the arguments by counsels and perusal of the record, I am convinced the appeal has overwhelming chances of success. I therefore grant the Appellant bail pending appeal. He shall enter into a bond in the sum of Khs.300,000 with one surety of the like amount.
Dated, signed and delivered in open court at Bungoma this 21st day of March, 2013.
F. GIKONYO
JUDGE
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