[2014] KEHC 6158 (KLR)

[2014] KEHC 6158 (KLR)

The court found that the applicant had not demonstrated that his appeal had overwhelming chances of success, nor had he shown any exceptional or unusual circumstances to justify his release on bail pending appeal. The evidence adduced at trial was not so weak as to guarantee the appeal's success. Furthermore, the...

Source-derived case information.

Citation
[2014] KEHC 6158 (KLR)
Parties
Appellant: Musembi Mutiso; Respondent: Republic
Court
High Court
Court Station
High Court at Machakos
Jurisdiction
Kenya
Judgment Date
27 February 2014
Case Number
Criminal Appeal 4 of 2013
Procedural Posture
Criminal Appeal / Ruling on Bail Pending Appeal
Outcome
application dismissed
Judges
LN Mutende
Legal Topics
Bail Pending Appeal, Defilement Offence, Unnatural Offence, Sentencing, Appeal Chances, Constitutional Rights
Source Language
english
Criminal Law Bail Pending Appeal Defilement Offence Unnatural Offence Sentencing Appeal Chances Constitutional Rights

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Summary, issues, holding and outcome

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Parties

Musembi Mutiso

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Ruling on Bail Pending Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to bail pending appeal.
  2. 2 Whether the appeal has overwhelming chances of success.
  3. 3 Whether exceptional or unusual circumstances exist to justify release on bail pending appeal.

Ratio Decidendi

The court found that the applicant had not demonstrated that his appeal had overwhelming chances of success, nor had he shown any exceptional or unusual circumstances to justify his release on bail pending appeal. The evidence adduced at trial was not so weak as to guarantee the appeal's success. Furthermore, the constitutional right to bail is not available to persons who have already been convicted and sentenced. Therefore, the application for bail pending appeal lacked merit and was dismissed.

Court Disposition

application dismissed

Orders

  • The application for bail pending appeal is dismissed.