[2025] KEHC 7335 (KLR)

[2025] KEHC 7335 (KLR)

The court found that the applicant failed to demonstrate exceptional or unusual circumstances to warrant the grant of bail pending appeal. The assertion that the appeal had high chances of success was not substantiated by material evidence. The applicant's personal and family circumstances, including age, nationality, and family responsibilities, do not amount to exceptional or unusual circumstances. Given the 15-year sentence and the fact that the appeal is already before the court, it is unlikely that the applicant would serve a substantial part of his sentence before the appeal is heard. The court emphasized that after conviction, the presumption of innocence is lost and bail pending...

Citation
[2025] KEHC 7335 (KLR)
Parties
Appellant: Mike Muhanga Owuor; Respondent: Republic
Court
High Court
Court Station
High Court at Kajiado
Jurisdiction
Kenya
Judgment Date
22 May 2025
Case Number
Criminal Appeal E078 of 2024
Procedural Posture
Criminal Appeal / Ruling on Application for Bail Pending Appeal
Outcome
application dismissed
Judges
CW Meoli
Legal Topics
Bail Pending Appeal, Defilement Offence, Standards of Proof, Exceptional Circumstances, Sentence Suspension
Source Language
English
Criminal Law Bail Pending Appeal Defilement Offence Standards of Proof Exceptional Circumstances Sentence Suspension

Case Brief

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Parties

Mike Muhanga Owuor

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Ruling on Application for Bail Pending Appeal

Legal Issues

  1. 1 Whether the applicant has demonstrated exceptional or unusual circumstances to warrant grant of bail pending appeal.
  2. 2 Whether the appeal has overwhelming chances of success to justify release on bail pending appeal.
  3. 3 Whether the applicant will have served a substantial part of the sentence before the appeal is heard, resulting in prejudice.

Ratio Decidendi

The court found that the applicant failed to demonstrate exceptional or unusual circumstances to warrant the grant of bail pending appeal. The assertion that the appeal had high chances of success was not substantiated by material evidence. The applicant's personal and family circumstances, including age, nationality, and family responsibilities, do not amount to exceptional or unusual circumstances. Given the 15-year sentence and the fact that the appeal is already before the court, it is unlikely that the applicant would serve a substantial part of his sentence before the appeal is heard. The court emphasized that after conviction, the presumption of innocence is lost and bail pending...

Court Disposition

application dismissed

Orders

  • The motion dated 12th August 2024 for bail pending appeal is dismissed.
  • The applicant is directed to file the record of appeal to facilitate expeditious hearing.