[2017] KEHC 7257 (KLR)
The court held that the grant of bond pending appeal is not automatic and must be determined based on several factors, including the seriousness of the offence, the likelihood of the appeal succeeding, the risk of the appellant absconding, the possibility of re-offending, and whether the appellant is likely to serve...
Source-derived case information.
- Citation
- [2017] KEHC 7257 (KLR)
- Parties
- Appellant: Michael Kuhora Njeri; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 182 of 2016
- Procedural Posture
- Criminal Appeal / Application for Bond Pending Appeal
- Outcome
- application for bond pending appeal dismissed
- Judges
- JV Juma
- Legal Topics
- Bail Pending Appeal, Assault Causing Actual Bodily Harm, Sentencing, Flight Risk, Appeal Success Probability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Kuhora Njeri
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Bond Pending Appeal
Legal Issues
- 1 Whether the appellant should be granted bond pending the hearing and determination of his appeal.
- 2 Whether the appellant is a flight risk or likely to re-offend if released on bond.
- 3 Whether the appeal is likely to succeed or the appellant will serve a substantial part of his sentence before the appeal is heard.
Ratio Decidendi
The court held that the grant of bond pending appeal is not automatic and must be determined based on several factors, including the seriousness of the offence, the likelihood of the appeal succeeding, the risk of the appellant absconding, the possibility of re-offending, and whether the appellant is likely to serve a substantial part of the sentence before the appeal is heard. Upon reviewing the trial record and the submissions of both parties, the court found no merit in the application for bond. The court was not persuaded that the appeal had high chances of success or that the appellant would serve a substantial part of his sentence before the appeal was determined. The court also...
Court Disposition
application for bond pending appeal dismissed
Orders
- The application for bond pending appeal is declined.
- The appellant shall continue to serve the sentence until the appeal is heard and determined.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL APPEAL NO. 182 OF 2016
MICHAEL KUHORA NJERI..........APPELLANT
VERSUS
REPUBLIC................................................STATE
(Appeal from the Conviction and Sentence of the Chief Magistrate’s Court at Nakuru Hon. E. Kelly - Resident Magistrate delivered on the 22nd November, 2016 in CMCR Case No. 3535 of 2014)
RULING
The appellant herein MICHAEL KUHORA NJERI has through his advocate Mr. Gacheru filed an application seeking to be released on bond during the pendency of his trial. The application was strenuously opposed by the learned State Counsel. The appellant had been tried and convicted in the Magistrate’s Court in Nakuru for the Offence of Assault Causing Actual Bodily Harm and was sentenced to serve three (3) years in jail.
At this stage the court is not being required to assess the merits or otherwise of the appeal. All the court is being asked to do is to determine whether the appellant merits a grant of bond pending the hearing and determination of his appeal.
The grant of bond at this stage will depend on several factors
(i) The nature and circumstances of the offence
(ii) Whether the appeal is likely to succeed
(iii) Whether the appellant is a potential flight risk
(iv) Whether the appellant is likely to re-offend if released on bail
(v) Whether the appellant is likely to serve a substantial part of his sentence before the appeal is heard and determined.
I have carefully perused the record of the trial before the lower court. I have also considered the factors listed above which would influence the grant to bond pending the appeal. I have considered also the submissions of both counsels in the matter. Without prejudging the appeal I find no merit in the present application. I therefore decline to grant the appellant bail pending appeal. He will continue to serve the sentence until the appeal is heard and determined.
It is so ordered.
Dated in Nakuru this 10th day of February, 2017.
Maureen A. Odero
Judge