[2023] KEHC 1736 (KLR)
The court found that the application for bail pending appeal had merit after perusing the evidence on record. The court was satisfied that the appellants had demonstrated sufficient grounds, including the arguable nature of the appeal and the risk of serving a substantial part of the sentence before the appeal is...
Source-derived case information.
- Citation
- [2023] KEHC 1736 (KLR)
- Parties
- Appellant: Lydia Wanjiru Kamau; Appellant: Hanna Waithera Waweru; Appellant: Jane Wahito Karienya; Appellant: Jemimah Njeri Kiburi; Appellant: Antony Githaiga Nyaga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 39, 40, 41, 42 & 43 of 2022
- Procedural Posture
- Criminal Appeal / Ruling on Application for Bail Pending Appeal
- Outcome
- Application for bail pending appeal allowed.
- Judges
- M Muya
- Legal Topics
- Bail Pending Appeal, Grievous Harm, Identification Evidence, Exceptional Circumstances
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lydia Wanjiru Kamau
Appellant
Hanna Waithera Waweru
Appellant
Jane Wahito Karienya
Appellant
Jemimah Njeri Kiburi
Appellant
Antony Githaiga Nyaga
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Application for Bail Pending Appeal
Legal Issues
- 1 Whether the appellants should be granted bail pending the hearing and determination of their criminal appeal.
- 2 Whether the appeal has high chances of success to warrant bail pending appeal.
- 3 Whether exceptional or peculiar circumstances exist to justify granting bail pending appeal.
Ratio Decidendi
The court found that the application for bail pending appeal had merit after perusing the evidence on record. The court was satisfied that the appellants had demonstrated sufficient grounds, including the arguable nature of the appeal and the risk of serving a substantial part of the sentence before the appeal is determined. The court exercised its discretion to grant bail pending appeal, finding that the circumstances justified such an order to prevent the appeal from being rendered nugatory.
Court Disposition
Application for bail pending appeal allowed.
Orders
- The appellants may be released on a bond of Kshs 100,000 with one surety of similar amount pending the hearing and determination of the appeal.
Full Case Text
Judgment text and source record
25 paragraphs
Kamau & 4 others v Republic (Criminal Appeal 39, 40, 41, 42 & 43 of 2022) [2023] KEHC 1736 (KLR) (9 March 2023) (Ruling)
Neutral citation: [2023] KEHC 1736 (KLR)
Republic of Kenya
In the High Court at Nyeri
Criminal Appeal 39, 40, 41, 42 & 43 of 2022
M Muya, J
March 9, 2023
Between
Lydia Wanjiru Kamau
1st Appellant
Hanna Waithera Waweru
2nd Appellant
Jane Wahito Karienya
3rd Appellant
Jemimah Njeri Kiburi
4th Appellant
Antony Githaiga Nyaga
5th Appellant
and
Republic
Respondent
Ruling
1. The applicants above mentioned were jointly charged with the offence of grievous harm contrary to 234 of the Penal codeand were convicted by Hon Bosibori RM sitting at Mukurweini court and sentenced to five years imprisonment.1. The Notice of Motion application dated November 28, 2022. Seeks for an order that the five applicants be admitted to bail pending appeal.2. The grounds are that the appeal has high chances of success and that if not released they will have served substantial part of the sentence rendering the appeal nugatory.3. In the supporting affidavit of Kiminda (counsel for the applicants)It is contended that the attack occurred at night by a mob and identification was a challenge.4. Secondly that some witness statements were sourced when the case was already at the trial stage and hence used to fill the lacuna.That by reason of the foregoing the appeal has high chances, of success.5. The application is opposed, on the grounds that bail pending hearing and determination of an appeal is not a right as envisaged under article 49 (1) of theConstitution.6. That the intended appeal is weak and does not have high chances of success that there does not exist any peculiar and or exceptional circumstances to persuade the Court to grant the application.7. Lastly, the applicants are serving long imprisonment term and there is no chance and or opportunity to serve the whole term before the appeal is heard and determined.8. The court has had the opportunity of perusing the evidence on record and is of the considered view that this application has merit.
2. Pending the hearing and determination of this appeal the applicants may be released on a bond of Kshs 100,000/= with one surety of similar amounts.
RULING DELIVERED, DATED AND SIGNED AT NYERI IN OPEN COURT THIS 9TH DAY OF MARCH, 2023. HON. JUSTICE M. MUYAJUDGEIn the presence of counsels:Kiminda …..…………..Appellant/ApplicantsMwangi ………………RespondentCourt Assistant: Kinyua30 days R/A.