[2008] KEHC 3372 (KLR)
The court found that the applicant failed to demonstrate that the appeal had overwhelming chances of success. While acknowledging the applicant's right of appeal, the court emphasized that bail pending appeal is not automatic and is only granted in exceptional circumstances or where the appeal is likely to succeed....
Source-derived case information.
- Citation
- [2008] KEHC 3372 (KLR)
- Parties
- Appellant: Joseph Gachoki Samuel; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 192 of 2007
- Procedural Posture
- Criminal Appeal / Ruling on Bail Pending Appeal
- Outcome
- application dismissed
- Legal Topics
- Bail Pending Appeal, False Pretences, Right of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Gachoki Samuel
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the applicant should be granted bail pending appeal.
- 2 Whether the appeal has high chances of success.
Ratio Decidendi
The court found that the applicant failed to demonstrate that the appeal had overwhelming chances of success. While acknowledging the applicant's right of appeal, the court emphasized that bail pending appeal is not automatic and is only granted in exceptional circumstances or where the appeal is likely to succeed. The evidence indicated that the complainant was duped and lost KES 250,000, and at this stage, the court could not conclude that the appeal would succeed. Therefore, there was no sufficient reason to grant bail pending appeal.
Court Disposition
application dismissed
Orders
- The application for bail pending appeal is dismissed.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
Criminal Appeal 192 of 2007
JOSEPH GACHOKI SAMUEL…………………….APPELLANT
VERSUS
REPUBLIC……………………………………….RESPONDENT
RULING
The applicant represented by counsel applies to be admitted to bail. He is serving 3 years imprisonment on a lawful conviction of a offence of “obtaining money by False pretences contrary to section 313 Penal Code”. The offence is described in the penal code Section 312. He has already filed this appeal which it is submitted has high chances of success. The money involved is shs.250,000/= according to charge sheet. The state opposes this application saying there are no chances of success. I have considered the submission of counsel as to the chances of success.
I am unable to say that the appeal has overwhelming chances of success. But it is true the applicant has a right of appeal. The critical point is to prove that the applicant has an appeal with high chances of success. Here there is evidence that the complaint was duped and parted with his shs.250,000/= This court cannot say at this stage that in the circumstances the appeal will succeed. There is no reason why the appeal should not be processed within a short time to avoid delay. I therefore do not find any reason to warrant granting bail to the applicant.
The application is dismissed.
Dated this 18th February, 2008.
J. N. KHAMINWA
JUDGE