[2022] KEHC 10805 (KLR)
The court found that the applicant failed to provide evidence of exceptional circumstances to justify the grant of bail or bond pending appeal. The court adopted its reasoning from a similar case, Kajiado High Court Criminal Appeal No. 52 of 2021, and held that the applicant did not meet the threshold required for...
Source-derived case information.
- Citation
- [2022] KEHC 10805 (KLR)
- Parties
- Appellant: Simon Muia Katuu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kajiado
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 53 of 2021
- Procedural Posture
- Criminal Appeal / Ruling on Bail Pending Appeal
- Outcome
- application dismissed
- Judges
- SN Mutuku
- Legal Topics
- Bail Pending Appeal, Robbery With Violence, Exceptional Circumstances, Flight Risk, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Muia Katuu
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the applicant has demonstrated exceptional circumstances to warrant grant of bail pending appeal.
- 2 Whether the applicant is entitled to bail as a constitutional right after conviction.
- 3 Whether the applicant is a flight risk.
Ratio Decidendi
The court found that the applicant failed to provide evidence of exceptional circumstances to justify the grant of bail or bond pending appeal. The court adopted its reasoning from a similar case, Kajiado High Court Criminal Appeal No. 52 of 2021, and held that the applicant did not meet the threshold required for bail pending appeal. Consequently, the application was dismissed.
Court Disposition
application dismissed
Orders
- The Notice of Motion dated 10th January 2021 is dismissed.
Full Case Text
Judgment text and source record
20 paragraphs
Katuu v Republic (Criminal Appeal 53 of 2021) [2022] KEHC 10805 (KLR) (17 May 2022) (Ruling)
Neutral citation: [2022] KEHC 10805 (KLR)
Republic of Kenya
In the High Court at Kajiado
Criminal Appeal 53 of 2021
SN Mutuku, J
May 17, 2022
Between
Simon Muia Katuu
Appellant
and
Republic
Respondent
Ruling
1. Simon Muia Katuu (the Applicant) was tried for the offence of robbery with violence in the Magistrate's Court at Loitoktok in Criminal Case No. 63 of 2020. He was found guilty of that offence. He intends to file an appeal and has come to this court seeking to be released on bail pending hearing and determination of the intended appeal.
2. He has filed a Notice of Motion dated 10th January 2021 anchored on various provisions of the law as shown on the face of that application. He has advanced grounds in support of the application that he is not a flight risk; that he has a fixed abode at Katangi Location within Machakos County where he permanently resides with his family; that he is the breadwinner of his family; that he has a meritorious case with high chances of success; that he has a constitutional right to bail and that he undertakes to abide by any conditions that this court will impose.
3. The application was argued through oral submissions. Mr. Mutunga for the applicant adopted the submissions he made in Kajiado High Court Criminal Appeal No. 52 of 2021. Likewise Mr. Mang’are for the prosecution adopted his submissions in Kajiado High Court Criminal Appeal No. 52 of 2021.
4. I have considered this application. Without belabouring the point, I make similar findings as in Kajiado High Court Criminal Appeal No. 52 of 2021. The applicant has failed to provide evidence that there are exceptional circumstances to grant bail/bond pending this appeal. The Notice of Motion dated 10th January 2021 is hereby dismissed.
5. Orders shall issue accordingly.
DATED, SIGNED AND DELIVERED THIS 17TH DAY OF MAY 2021. S. N. MUTUKUJUDGE