[2011] KEHC 758 (KLR)
The court found that the applicant failed to demonstrate any special or unusual circumstances that would justify the grant of bail pending appeal. The applicant did not show that his appeal had high chances of success, nor did he cite any factors that would warrant his release. The court emphasized that, following...
Source-derived case information.
- Citation
- [2011] KEHC 758 (KLR)
- Parties
- Applicant: John Kathuri Rufus; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 218 of 2009
- Procedural Posture
- Criminal Appeal / Application for Bail Pending Appeal
- Outcome
- application dismissed
- Legal Topics
- Bail Pending Appeal, Forgery, Obtaining by False Pretences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Kathuri Rufus
Applicant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Bail Pending Appeal
Legal Issues
- 1 Whether the applicant has demonstrated sufficient grounds for grant of bail pending appeal.
- 2 Whether there are special or unusual circumstances justifying release on bail pending appeal.
- 3 Whether the appeal has high chances of success.
Ratio Decidendi
The court found that the applicant failed to demonstrate any special or unusual circumstances that would justify the grant of bail pending appeal. The applicant did not show that his appeal had high chances of success, nor did he cite any factors that would warrant his release. The court emphasized that, following conviction, the presumption is that the conviction was proper. Since the appeal was ready to be heard and the delay was attributable to the applicant, there was no justification for granting bail. The application was therefore dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- Application for bail pending appeal is disallowed.
- Appeal to be set down for hearing.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
CRIMINAL APPEAL NO. 218 OF 2009
From original conviction and sentence in Cr. case No. 672 of 2005 at the Chief Magistrate’s Court at Embu
JOHN KATHURI RUFUS.................................................................................................APPLICANT
VERSUS
REPUBLIC.......................................................................................................................RESPONDENT
R U L I N G
This is the Applicant’s application dated 9th November 2010 for bail pending appeal supported by his grounds and affidavit. He says his appeal has high chances of success, because the prosecution case had gaping holes.
The Applicant was convicted of three counts of forgery and one count of obtaining by false pretences. Produced before the court were genuine documents belonging to the applicant’s record with KTDA. Also produced were the documents the Applicant used to obtain loans. These documents were found to have been doctored. He received loans by use of questionable documents. The State opposed the Application saying the Applicant has not demonstrated chances of success of his Appeal. He had not shown any special circumstances. I wish to point out here that the Appeal herein was admitted on 29/6/2011. The lower court records are ready and even the State Counsel was ready to argue this Appeal on 27/10/2011 but the Appellant declined.
I have given an outline of the evidence from the subordinate court. The assumption when one has been convicted is that the conviction was proper as is the case here.
The Applicant has not cited any special or unusual circumstances that would make this court grant him the bail sought.
The chances are that the Appeal will be heard as soon as the Appellant is ready. I therefore find no merit in the Application and disallow it. Appeal to be set down for hearing.
DATED, SIGNED AND DELIVERED AT EMBU THIS 8TH DAY OF NOVEMBER 2011
H.I. ONG’UDI
J U D G E