[2010] KEHC 579 (KLR)
The court found that although the appeal is arguable, the applicant was convicted on his own plea of guilty, and the trial record shows the plea was read in Kiswahili, a language the accused understood. The facts and medical evidence do not support the claim that the appeal has overwhelming chances of success. There...
Source-derived case information.
- Citation
- [2010] KEHC 579 (KLR)
- Parties
- Appellant: Martin Wabwire Kalamu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 111 & 1825 of 2010
- Procedural Posture
- Criminal Appeal / Ruling on Application for Bail Pending Appeal
- Outcome
- Application for bail pending appeal dismissed.
- Judges
- FN Muchemi
- Legal Topics
- Bail Pending Appeal, Defilement Offence, Plea of Guilty, Language of Court Record, Sentence Length
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martin Wabwire Kalamu
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Application for Bail Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to bail pending appeal.
- 2 Whether the appeal has overwhelming chances of success.
- 3 Whether the language used in the trial court was properly recorded.
Ratio Decidendi
The court found that although the appeal is arguable, the applicant was convicted on his own plea of guilty, and the trial record shows the plea was read in Kiswahili, a language the accused understood. The facts and medical evidence do not support the claim that the appeal has overwhelming chances of success. There is no indication of undue delay in hearing the appeal. Therefore, the applicant did not meet the threshold for grant of bail pending appeal.
Court Disposition
Application for bail pending appeal dismissed.
Orders
- The application for bail pending appeal is dismissed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLICOFKENYA
IN THE HIGH COURT AT BUNGOMA
CRA NO.111 OF 2010
(Appeal arising from original BGM CM CR. NO.1825 of 2010)
MARTIN WABWIRE KALAMU:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: APPELLANT
~VRS~
REPUBLIC::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: RESPONDENT
RULING
This is a ruling on a notice of motion dated08/10/2010 seeking for bail pending appeal. The Applicant Martin Wabwire Kalamu was convicted of the offence of defilement contrary to section 8 (1) of the Sexual Offences Act by Bungoma Principal Magistrate. Mr. Were argued the application on behalf of the Applicant. The grounds relied on are that the appeal is arguable and has overwhelming chances of success. Further that the language used by the court was not recorded.
The state opposed the application on grounds that the appeal has no chances of success and that the language used was Kiswahili and that the court recorded it accordingly.
I have perused the proceedings of the trial court. The record shows that the accused was convicted on his own plea of guilty. The plea was read to him in Kiswahili which language the “accused understood well” in the words of the trial magistrate. The facts of the case and the medical evidence do not support the Applicant’s ground that the appeal has high chances of success. However, the appeal is arguable. The Applicant has not shown that there is likelihood of any delay in hearing the appeal. The sentence imposed is 15 years and the appeal should be heard expeditiously depending on how soon the record of appeal is prepared. This is a case ofBungoma Court and I do not foresee any undue delay in preparation of the appeal record.
I am not convinced that this case merits granting of bail pending appeal. I therefore decline to grant the prayers sought and dismiss the application accordingly.
F. N. MUCHEMI
JUDGE
Ruling delivered and dated on the 24th day of November 2010 in the presence of the Applicant, Mr. Waswa for Were for the Applicant and the State Counsel Mrs. Leting.
F. N. MUCHEMI
JUDGE