[2019] KEHC 8452 (KLR)

[2019] KEHC 8452 (KLR)

The court found that the applicant failed to demonstrate any exceptional or unusual circumstances that would justify release on bail/bond pending appeal. The grounds advanced, including contestation of DNA evidence, alleged shifting of the burden of proof, and personal circumstances such as being a breadwinner, did not meet the threshold established in Jivraj Shah vs Republic. The court further held that the applicant's sentence of 30 years imprisonment meant there was no risk of serving a substantial part of the sentence before the appeal was heard. The lower court proceedings showed that the applicant's bond was cancelled due to non-attendance and later reinstated, and mitigation was...

Citation
[2019] KEHC 8452 (KLR)
Parties
Appellant: NMK; Respondent: Republic
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
28 February 2019
Case Number
Criminal Appeal 141 of 2018
Procedural Posture
Criminal Appeal / Ruling on Application for Bail/bond Pending Appeal
Outcome
application dismissed
Judges
AW Mwangi
Legal Topics
Bail Pending Appeal, Defilement, Burden of Proof, Dna Evidence, Exceptional Circumstances
Source Language
English
Criminal Law Bail Pending Appeal Defilement Burden of Proof Dna Evidence Exceptional Circumstances

Case Brief

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Parties

NMK

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Ruling on Application for Bail/bond Pending Appeal

Legal Issues

  1. 1 Whether the applicant has demonstrated exceptional or unusual circumstances to warrant release on bail/bond pending appeal.
  2. 2 Whether the appeal has overwhelming chances of success or raises substantial points of law.
  3. 3 Whether the lower court shifted the burden of proof to the applicant.

Ratio Decidendi

The court found that the applicant failed to demonstrate any exceptional or unusual circumstances that would justify release on bail/bond pending appeal. The grounds advanced, including contestation of DNA evidence, alleged shifting of the burden of proof, and personal circumstances such as being a breadwinner, did not meet the threshold established in Jivraj Shah vs Republic. The court further held that the applicant's sentence of 30 years imprisonment meant there was no risk of serving a substantial part of the sentence before the appeal was heard. The lower court proceedings showed that the applicant's bond was cancelled due to non-attendance and later reinstated, and mitigation was...

Court Disposition

application dismissed

Orders

  • The application for bail/bond pending appeal is dismissed.