[2017] KEHC 535 (KLR)
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...
Source-derived case information.
- Citation
- [2017] KEHC 535 (KLR)
- Parties
- Appellant: Peter Kemboi Chirchir; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 98 of 2016
- Procedural Posture
- Criminal Appeal / Application for Bail Pending Appeal
- Outcome
- Application for bail pending appeal allowed.
- Judges
- JV Juma
- Legal Topics
- Bail Pending Appeal, Flight Risk, Conviction and Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Kemboi Chirchir
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Bail Pending Appeal
Legal Issues
- 1 Whether the appellant is entitled to bail pending appeal.
- 2 Whether the appellant is a flight risk.
- 3 Whether the appeal has chances of success.
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.
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.
Full Case Text
Judgment text and source record
21 paragraphs
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