[2023] KEHC 19017 (KLR)
The court found that the application for bail pending appeal was not supported by any material evidence and was filed three years after conviction, making it an afterthought and mischievous. The applicant failed to demonstrate any exceptional circumstances or likelihood of success on appeal to justify the grant of...
Source-derived case information.
- Citation
- [2023] KEHC 19017 (KLR)
- Parties
- Applicant: Caleb Odayo Owino; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E026 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Bail Pending Appeal
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Bail Pending Appeal, Murder Conviction, Post Conviction Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Caleb Odayo Owino
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Bail Pending Appeal
Legal Issues
- 1 Whether the applicant should be granted bail pending appeal to the Court of Appeal.
- 2 Whether the application is supported by sufficient material to warrant the grant of bail pending appeal.
Ratio Decidendi
The court found that the application for bail pending appeal was not supported by any material evidence and was filed three years after conviction, making it an afterthought and mischievous. The applicant failed to demonstrate any exceptional circumstances or likelihood of success on appeal to justify the grant of bail pending appeal. Accordingly, the application was dismissed.
Court Disposition
application dismissed
Orders
- The application for bail pending appeal is dismissed.
- The file is hereby closed.
Full Case Text
Judgment text and source record
20 paragraphs
Owino v Republic (Miscellaneous Criminal Application E026 of 2023) [2023] KEHC 19017 (KLR) (19 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19017 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E026 of 2023
RE Aburili, J
June 19, 2023
Between
Caleb Odayo Owino
Applicant
and
Republic
Respondent
Ruling
1. In his application dated May 26, 2023, the Applicant Caleb Odayo Owino seeks to be admitted on bond pending appeal to the Court of Appeal in Criminal Appeal No 197 of 2020 at Kisumu.
2. He states that he is serving twenty (20) years jail term for murder contrary to Section 203 as read with Section 204 of the Penal Code. He has children and his parents died long ago
3. I find no substance in the application which can be lodged before the Court of Appeal for consideration.
4. The application for bail pending appeal to the Court of Appeal which is not even supported by any material and coming three years after conviction by this very court is no doubt an afterthought and mischievous. It is hereby dismissed.
5. This file is hereby closed
DATED, SIGNED AND DELIVERED AT KISUMU THIS 19TH DAY OF JUNE, 2023R. E. ABURILIJUDGE