[2010] KEHC 1975 (KLR)
The court found that the applicant had not demonstrated any exceptional circumstances to justify release on bail pending appeal. The only ground advanced was that the appeal had extremely overwhelming chances of success, which the court did not find persuasive. The court noted that, at best, the applicant had an...
Source-derived case information.
- Citation
- [2010] KEHC 1975 (KLR)
- Parties
- Applicant: Margaret Waceke Ngarua; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 70 of 2010
- Procedural Posture
- Criminal Appeal / Application for Bail Pending Appeal
- Outcome
- application dismissed
- Judges
- J Karanja
- Legal Topics
- Bail Pending Appeal, False Pretences, Conviction Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Margaret Waceke Ngarua
Applicant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Bail Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to bail pending appeal.
- 2 Whether there are exceptional circumstances justifying release on bail pending appeal.
- 3 Whether the appeal has overwhelming chances of success.
Ratio Decidendi
The court found that the applicant had not demonstrated any exceptional circumstances to justify release on bail pending appeal. The only ground advanced was that the appeal had extremely overwhelming chances of success, which the court did not find persuasive. The court noted that, at best, the applicant had an arguable appeal, but this alone was insufficient to warrant bail. Furthermore, the applicant was serving a lawful sentence, and the court was satisfied that the appeal could be heard and determined before a substantial part of the sentence was served. Consequently, the application for bail pending appeal was dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The application for bail pending appeal is dismissed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
Criminal Appeal 70 of 2010
MARGARET WACEKE NGARUA………………………..APPLICANT
VERSUS
REPUBLIC …………………………………………….RESPONDENT
R U L I N G
The Applicant herein was convicted by the Kerugoya Principal Magistrate for the offence of obtaining money by false pretences and sentenced to serve 3 years imprisonment.
She has appealed against the conviction and sentence but in the meantime she has moved this court for bail pending Appeal.
She seems to rely only on one ground – that this Appeal has “Extremely overwhelming chances of success”.
The Application is opposed by learned Counsel for the state who submitted that there was uncontroverted evidence to the effect that the appellant was the one who was paid the money in the presence of a witness. I do not wish to pre-empt the outcome of the Appeal but I would not describe the chances of its success as “extremely overwhelming”. She may have an arguable appeal but that is all there is to it.
There are no other exceptional circumstances cited to warrant me to release her on bail. She is serving a lawful sentence and I am certain that her Appeal can be processed and heard before she serves a substantial part of that sentence.
I therefore find the application without merit and I dismiss the same.
W. KARANJA
JUDGE
Delivered, signed and dated at Embu this 1st day of July 2010.
In presence of:- Applicant and Mr. Wohoro for state.