[2021] KEHC 2584 (KLR)
The court found that the record of the trial court indicated the facts were given as per the charge sheet, the relevant exhibits were produced, and the language of interpretation was marked as Kiswahili. The court held that these factors did not demonstrate an overwhelming case on appeal or exceptional circumstances...
Source-derived case information.
- Citation
- [2021] KEHC 2584 (KLR)
- Parties
- Appellant: Nicholas Mugendi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 159 of 2019
- Procedural Posture
- Criminal Appeal / Ruling on Bail Pending Appeal
- Outcome
- Application for bail pending appeal declined.
- Judges
- EM Muriithi
- Legal Topics
- Bail Pending Appeal, Plea of Guilty, Alcoholic Drinks Control, Sentencing, Exceptional Circumstances
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nicholas Mugendi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the appellant is entitled to bail pending appeal.
- 2 Whether the plea of guilty was unequivocal and the facts and language requirements were satisfied.
Ratio Decidendi
The court found that the record of the trial court indicated the facts were given as per the charge sheet, the relevant exhibits were produced, and the language of interpretation was marked as Kiswahili. The court held that these factors did not demonstrate an overwhelming case on appeal or exceptional circumstances justifying bail pending appeal. The court further noted that the appeal record was ready and could be heard expeditiously, thus declining the application for bail pending appeal.
Court Disposition
Application for bail pending appeal declined.
Orders
- Bail pending appeal is declined.
- The appeal is set for hearing on 8th November 2021.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL APPEAL NO. 159 OF 2019
NICHOLAS MUGENDI ......................APPELLANT
=VERSUS=
REPUBLIC...........................................RESPONDENT
[Appeal from the original conviction and sentence of the Senior Resident Magistrate’sCourt at
Nkubu in Cr. Case E434 of 2021 delivered on 9th September 2021 by Hon J. Irura, SRM]
RULING
[1]The appellant was upon conviction on a plea of guilty sentenced on 9/9/2021 to pay fines of Ksh. 50,000/- and 30,000/- and in default to serve imprisonment for 9 months for each count of Being in possession of alcoholic drinks without a licence c/s 27(1) as read with 27(4) of the Alcoholic Drinks Control Act of 2010 with particulars, that he was on 8th September at around 11. 00hrs at Kiathathi location Imenti South sub-County of Meru County found in possession of alcoholic drinks namely, respectively, Mugacha 100 litres and Marwa 50 litres without licence.
[2] By an application dated 22nd September 2021, the appellant now seeks bail pending appeal from the conviction and sentence on the primary ground that the plea of guilty was no unequivocal. It was also urged at hearing that facts of the case had not been read to the accused before plea was accepted and that language in which the plea was not shown. However, having perused the original record of the trial court, it quite clear that the facts were given “as per charge sheet” and exhibits of Mugacha 100 litres and Mara 50 litres produced as Exhibits 1 and 2 respectively. The language of the proceeding is shown as follows: “Interpretation – English/Kiswahili/ Kimeru”with a selection marking on Kiswahilias the language of interpretation. The import of these factors shall be determined at the hearing. The court does not find that there is demonstrated by these factors an overwhelming case in the appeal.
[3]Upon considering the application on the test for bail pending appeal laid out in Jivraj Shah v. R (1986) KLR 605, that is, whether there exists exceptional or unusual circumstances which justify grant of bail in interests of justice, the court finds that there are no exceptional circumstances, and that the appeal whose record is ready and already transmitted to the High Court may be set down to hearing expeditiously.
ORDERS
[4] Accordingly, for the reasons set out above, bail pending appeal is declined.
[5] The appeal is set for hearing on 8th November 2021.
Order accordingly.
DATED AND DELIVERED THIS 29TH DAY OF OCTOBER 2021.
EDWARD M. MURIITHI
JUDGE
Appearances:
Ms. Mbogo for Mr. L Kimathi Advocate for the Appellant.
Ms. Nandwa, Prosecution Counsel for the Respondent.