[2013] KEHC 6791 (KLR)

[2013] KEHC 6791 (KLR)

The court found that the applicant failed to demonstrate any exceptional or unusual circumstances that would justify the grant of bail pending appeal. The court was not persuaded that the appeal had overwhelming chances of success, as required by law. The applicant's personal circumstances, including the birth of her baby in prison and her health condition, did not meet the threshold for exceptional circumstances. The court relied on established case law, emphasizing that the seriousness of the appeal and the likelihood of its success are paramount, and that personal hardship or assertions of good conduct are insufficient. Consequently, the application for bail pending appeal was dismissed.

Citation
[2013] KEHC 6791 (KLR)
Parties
Applicant: Judith Mutanu Stephen; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
31 October 2013
Case Number
Miscellaneous Criminal Application 206 of 2012
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Bail Pending Appeal
Outcome
application dismissed
Judges
LA Achode
Legal Topics
Bail Pending Appeal, Standard of Proof, Exceptional Circumstances, Conviction and Sentence
Source Language
English
Criminal Law Civil Procedure Bail Pending Appeal Standard of Proof Exceptional Circumstances Conviction and Sentence

Case Brief

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Parties

Judith Mutanu Stephen

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application for Bail Pending Appeal

Legal Issues

  1. 1 Whether the applicant has demonstrated exceptional or unusual circumstances to warrant bail pending appeal.
  2. 2 Whether the applicant's appeal has overwhelming chances of success to justify the grant of bail pending appeal.

Ratio Decidendi

The court found that the applicant failed to demonstrate any exceptional or unusual circumstances that would justify the grant of bail pending appeal. The court was not persuaded that the appeal had overwhelming chances of success, as required by law. The applicant's personal circumstances, including the birth of her baby in prison and her health condition, did not meet the threshold for exceptional circumstances. The court relied on established case law, emphasizing that the seriousness of the appeal and the likelihood of its success are paramount, and that personal hardship or assertions of good conduct are insufficient. Consequently, the application for bail pending appeal was dismissed.

Court Disposition

application dismissed

Orders

  • The application for bail pending appeal is dismissed.