Kenya Judgment

High Court · High Court at Nakuru

Peter Kemboi Chirchir v Republic [2017] KEHC 535 (KLR)

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Research organized from the available case record

Source document

01

Holding and result

The court found that the appellant was not a flight risk, as evidenced by his compliance with bond terms during trial and his consistent attendance in court. The court emphasized that at the bail pending appeal stage, it is not required to assess the merits of the appeal but to consider whether the appellant meets the threshold for release. The court was satisfied that the appellant's conduct justified the grant of bail pending appeal, subject to provision of bond or cash bail as specified.

Court disposition

Application for bail pending appeal allowed.

Orders

  • The appellant may be released on a bond of Ksh 100,000 plus one surety of a like sum or a cash bail of Ksh 50,000.
  • Hearing of appeal set for 11/7/2017.

02

Material facts

Parties

Peter Kemboi Chirchir

Appellant Counsel: Mr. Bosire

Republic

Respondent Counsel: Ms Nyakira

Amounts and remedies

  • Bond Amount: KES 100,000
  • Cash Bail Amount: KES 50,000

03

Procedural history

  1. Posture

    Criminal Appeal / Application for Bail Pending Appeal

04

Questions and positions

Legal issues

Party arguments

Applicant
The appellant, through counsel, argued for release on bail pending appeal, emphasizing that he was not a flight risk as he had complied with bond terms during trial and had not absconded. The application was premised on the appellant's right to liberty and the circumstances of his conviction and sentence.
Respondent
The State opposed the application for bail pending appeal, contending that the appellant had been convicted and sentenced to five years imprisonment for assault causing grievous bodily harm, and that the seriousness of the offence warranted continued detention pending determination of the appeal.

05

Court’s reasoning

  1. 01

    Judicial precedent and general principles governing bail pending appeal in Kenya

    The grant of bail pending appeal is discretionary and depends on factors such as whether the appellant is a flight risk, the likelihood of success of the appeal, and the time likely to be taken before the appeal is heard.

  2. 02

    Judicial practice and Section 357 of the Criminal Procedure Code

    The court is not required to determine the merits of the appeal at the bail stage but must consider the conduct of the appellant during trial and other relevant factors.

06

Ratio, limits and disposition

Ratio decidendi

The court found that the appellant was not a flight risk, as evidenced by his compliance with bond terms during trial and his consistent attendance in court. The court emphasized that at the bail pending appeal stage, it is not required to assess the merits of the appeal but to consider whether the appellant meets the threshold for release. The court was satisfied that the appellant's conduct justified the grant of bail pending appeal, subject to provision of bond or cash bail as specified.

Obiter and limits

  • At this stage the court is not required to determine the merit or otherwise of the intended appeal.
  • The appellant was out on bond during his trial and at no time did he abscond or fail to attend court.

Court disposition

Application for bail pending appeal allowed.

  • The appellant may be released on a bond of Ksh 100,000 plus one surety of a like sum or a cash bail of Ksh 50,000.
  • Hearing of appeal set for 11/7/2017.

Source and reliance status

High Court

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Judgment reading view

Judgment text

The complete available source text.

Source document

High Court

Judgment

[2017] KEHC 535 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAKURU

CRIMINAL APPEAL NO. 98 OF 2016

PETER KEMBOI CHIRCHIR .......................... APPELLANT

VERSUS

REPUBLIC ...................................................... PROSECUTOR

RULING

The appellant herein PETER KEMBOI CHIRCHIR has through his advocate made an application to be released on bail during the pendancy of his appeal.

The appellant had been tried and convicted at the Molo Law Courts for the offence of Assault Causing Greivous Bodily Harm contrary to Section 234 of the Penal Code. Following his conviction the appellant was sentenced to serve five (5) years imprisonment.

The application for bail pending appeal was opposed by the State. I have perused the proceedings of the trial before the lower court. At this stage the court is not required to determine the merit or otherwise of the intended appeal. All this court has to determine is whether the appellant is entitled to be released on bail during the pendency of his appeal. This will depend on factors like

- Whether the accused is a flight risk

- Whether the appeal has chances of success

- How soon the appeal is likely to be determined

I have noted that the appellant was out on bond during his trial and at no time did he abscond or fail to attend court. I am satisfied that the appellant is not a flight risk. I therefore allow this application for bond pending appeal. The appellant may be released on a bond of Ksh 100,000/= plus 1 surety of a like sum or a cash bail of Ksh, 50,000/=.

Hearing on of appeal on 11/7/2017.

Dated in Nakuru this 17th day of June 2017.

Mr. Bosire for Appellant Ms Nyakira for DPP

Hearing of Appeal on 17/10/2017.

Maureen A. Odero

Judge

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Penal Code Section 234

Legislation

Legislation referenced in the available case record.

Criminal Procedure Code Section 357

Legislation

Legislation referenced in the available case record.

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