[2011] KEHC 913 (KLR)
The court found that the State did not oppose the application for bail pending appeal and that the grounds advanced by the appellants—namely, the likelihood of the appeal succeeding and the risk of serving a substantial part of the sentence before the appeal is heard—were sufficient to warrant the grant of bail. The...
Source-derived case information.
- Citation
- [2011] KEHC 913 (KLR)
- Parties
- Appellant: Nicholas Muriungi; Appellant: Shadrack Kinoti; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 78 of 2011
- Procedural Posture
- Criminal Appeal / Application for Bail Pending Appeal
- Outcome
- Application for bail pending appeal allowed.
- Judges
- A. Ong’injo
- Legal Topics
- Bail Pending Appeal, Appeal Rights, Sentence Suspension
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nicholas Muriungi
Appellant
Shadrack Kinoti
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Bail Pending Appeal
Legal Issues
- 1 Whether the appellants should be granted bail pending the hearing and determination of their criminal appeal.
- 2 Whether the appeal has overwhelming chances of success justifying release on bail.
- 3 Whether continued incarceration would render the appeal nugatory if successful.
Ratio Decidendi
The court found that the State did not oppose the application for bail pending appeal and that the grounds advanced by the appellants—namely, the likelihood of the appeal succeeding and the risk of serving a substantial part of the sentence before the appeal is heard—were sufficient to warrant the grant of bail. The court exercised its discretion under section 357 of the Criminal Procedure Code and ordered the release of each appellant on a cash bail of Kshs. 25,000 pending the hearing and determination of the appeal.
Court Disposition
Application for bail pending appeal allowed.
Orders
- Each appellant to be released on a cash bail of Kshs. 25,000 pending hearing and determination of the appeal.
- The appeal is scheduled for hearing on 13th February, 2012 before any Judge.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL APPEAL CASE NO. 78 OF 2011
NICHOLAS MURIUNGI …………………………………1ST APPELLANT
SHADRACK KINOTI …………………………………..…. 2ND APPELLANT
VERSUS
REPUBLIC ……………………………….....……………. RESPONDENT
RULING
On 5th July 2011, the appellants filed a Chamber Summons under section 357 of the Criminal Procedure Code Cap 275 Laws of Kenya seeking the following orders:-
1. This application be certified urgent and the same be heard and determined as such.
2. The appellant be admitted to bail pending the hearing and determination of Meru H.C.A. No. 78 of 2011.
3. The court do make any other or such better orders which it may deem fit to grant in the circumstances.
During the hearing of the application, the applicant’s counsel Mr. Gitonga submitted that he is relying on following two grounds:-
1. The appeal has overwhelming chances of success.
2. The appeal has not been heard yet and if the applicant is not released on bond, he shall have served a substantial part of the sentence before the appeal is heard and determined.
In reply to the application, the State Counsel Mr. Mutendi stated that he is not opposed to the same. Apart from the above, he has also requested the court to grant the parties a date for the appeal.
After carefully considering the application, I hereby concede to the same. It is apparent from the record that the State is not opposed to this application. Under the circumstances, I hereby direct that each applicant be released on a cash bail of Kshs. 25,000/=. Appeal will now be heard on 13th February, 2012 before any Judge.
Those are the orders of this court.
MUGA APONDI
JUDGE
Ruling read, signed and delivered in open court in the presence of:-
Mr. Gitonga - Applicant’s Counsel
Mr. Motende - State Counsel
MUGA APONDI
JUDGE
3RD NOVEMBER 2011