[2017] KEHC 9281 (KLR)

[2017] KEHC 9281 (KLR)

The court found that although the only ground advanced was the likelihood of serving the sentence before the appeal is heard, this consideration applies only where the appeal has chances of success. Upon reviewing the evidence and the period spent in custody, the court concluded that the applicant stands a high chance of succeeding in the appeal with respect to the sentence, as the period in custody was substantial and should have been deducted from the sentence. Therefore, exceptional circumstances existed to justify granting bail pending appeal.

Citation
[2017] KEHC 9281 (KLR)
Parties
Applicant: Nicholas Munene Ndire; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
17 August 2017
Case Number
Appeal 6 of 2017
Procedural Posture
Criminal Appeal / Ruling on Bail Pending Appeal
Outcome
application allowed
Legal Topics
Bail Pending Appeal, Military Offences, Sentencing Principles
Source Language
English
Criminal Law Bail Pending Appeal Military Offences Sentencing Principles

Case Brief

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Parties

Nicholas Munene Ndire

Applicant

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 period spent in custody should be considered in sentencing.
  3. 3 Whether the appeal has high chances of success on the sentence imposed.

Ratio Decidendi

The court found that although the only ground advanced was the likelihood of serving the sentence before the appeal is heard, this consideration applies only where the appeal has chances of success. Upon reviewing the evidence and the period spent in custody, the court concluded that the applicant stands a high chance of succeeding in the appeal with respect to the sentence, as the period in custody was substantial and should have been deducted from the sentence. Therefore, exceptional circumstances existed to justify granting bail pending appeal.

Court Disposition

application allowed

Orders

  • The applicant is admitted to a cash bail of Kshs. 50,000.
  • Alternatively, the applicant may deposit a surety bond of Kshs. 100,000.