[2017] KEHC 3576 (KLR)
The court held that once a person has been convicted by a court of competent jurisdiction, the constitutional right to bail no longer applies in the same manner as it does for an accused person awaiting trial. The court, after considering the application and the record of the lower court, was not persuaded that the...
Source-derived case information.
- Citation
- [2017] KEHC 3576 (KLR)
- Parties
- Applicant: Peter Muringo Mbarire; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Judgment Date
- 21 July 2017
- Case Number
- Miscellaneous Application Application15 of 2017
- Procedural Posture
- Miscellaneous Application / Application for Bail Pending Appeal
- Outcome
- application for bail pending appeal dismissed
- Judges
- JV Juma
- Legal Topics
- Bail Pending Appeal, Conviction, Right to Bail
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Muringo Mbarire
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Application for Bail Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to bail pending appeal after conviction.
- 2 Whether the constitutional right to bail applies post-conviction.
Ratio Decidendi
The court held that once a person has been convicted by a court of competent jurisdiction, the constitutional right to bail no longer applies in the same manner as it does for an accused person awaiting trial. The court, after considering the application and the record of the lower court, was not persuaded that the applicant had demonstrated sufficient grounds to warrant the grant of bail pending appeal. Consequently, the application for bail was declined.
Court Disposition
application for bail pending appeal dismissed
Orders
- The application for bail pending appeal is declined.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
MISC APPLICATION NO. 15 OF 2017
PETER MIRINGO MBARIRE …………………………………………. APPLICANT
VERSUS
REPUBLIC ………………………………………………………...….. RESPONDENT
RULING
The applicant PETER MURINGO MBARIRE has through his advocate ‘MR. SIAGE’ applied to be released on bail pending appeal. The application was opposed by the learned State Counsel.
I have perused the record of the trial before the lower court. I am mindful of the fact that the court is not at this stage being asked to determine the merit or otherwise of his appeal.
The applicant having been convicted by a court of competent jurisdiction can no longer claim the constitutional right to bail in the same way that as suspect facing trial could do.
I have considered the application for bail pending appeal. I am not persuaded that the same is merited. I therefore decline to grant bail at this stage.
Ms Chemngetich for applicant.
Maureen A. Odero
Judge
21/7/2017