[2001] KEHC 94 (KLR)
The court found that Section 313 of the Penal Code, as read with Section 312, requires that the false pretence must relate to a fact that is either past or present, not future. The applicant was charged with obtaining money by false pretences on the basis that he claimed he could influence the termination of a...
Source-derived case information.
- Citation
- [2001] KEHC 94 (KLR)
- Parties
- Applicant: Paul Okuku Miregi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 66 of 2001
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Bail Pending Appeal
- Outcome
- Bail granted to applicant pending appeal.
- Legal Topics
- Bail Pending Appeal, False Pretences, Penal Code Section 313
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Okuku Miregi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the applicant should be granted bail pending appeal.
- 2 Whether the appeal has overwhelming chances of success.
Ratio Decidendi
The court found that Section 313 of the Penal Code, as read with Section 312, requires that the false pretence must relate to a fact that is either past or present, not future. The applicant was charged with obtaining money by false pretences on the basis that he claimed he could influence the termination of a pending criminal case, which is a future event. The court reasoned that if this interpretation is correct, the applicant's appeal has overwhelming chances of success. On this basis, the court exercised its discretion to grant bail pending appeal, subject to the applicant executing a personal bond of KES 10,000 with one surety in a similar amount.
Court Disposition
Bail granted to applicant pending appeal.
Orders
- Applicant to execute a personal bond of KES 10,000 with one surety in a similar amount.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA APPELLATE SIDE MISC. CRIMINAL APPLICATION NO.66 OF 2001
PAUL OKUKU MIREGI ……………………………………. APPLICANT VERSUS REPUBLIC ……………………………………………….. RESPONDENT
RULING
By Notice of Motion the Applicant seeks to be granted bail.
He was charged with obtaining money by false pretences contrary to Section 313 of the Penal Code. The particulars show that he stated that he needed Shs.4000/- to influence the termination of criminal case No.642 of 1999 then pending in Mombasa Municipal Court. His counsel submits that the appeal has good chances of success.
This application is opposed by the State on the ground that the appeal has not been admitted and has no overwhelming chances of success and that there is no delay in prosecuting the appeal.
After perusing the record and considering the submissions of counsel, I am inclined to side with counsel for the applicant. Section 313 of Penal Code deals with false pretence as defined under Section 312 Penal Code. It is a representation of a fact either past or present no into future. If I am right then the appeal can be said to have overwhelming chances of success. I therefore grant bail to the applicant on condition that he will execute personal bond in the sum of Shs.10,000/- with one surety in similar amount.
Dated at Mombasa this 2nd Day of October, 2001.
J. KHAMINWA
COMMISSIONER OF ASSIZE
Read in presence of Mr. Gumo State Counsel and Mr. Ngombo for
Applicant.
J. KHAMINWA
COMMISSIONER OF ASSIZE