[2006] KEHC 1019 (KLR)

[2006] KEHC 1019 (KLR)

The court held that the applicant bears the burden of demonstrating that his appeal has overwhelming or high chances of success to justify bail pending appeal. In this case, the applicant's counsel merely asserted that the appeal had a chance of success without substantiating this claim or pointing to any specific...

Source-derived case information.

Citation
[2006] KEHC 1019 (KLR)
Parties
Applicant: Phabious Muriithi Kariga; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
4 October 2006
Case Number
Criminal Application 369 of 2006
Procedural Posture
Criminal Application / Ruling on Bail Pending Appeal
Outcome
application dismissed
Judges
CJ Kendagor
Legal Topics
Bail Pending Appeal, Handling Stolen Goods, Burden of Proof, Appellate Review
Source Language
english
Criminal Law Civil Procedure Bail Pending Appeal Handling Stolen Goods Burden of Proof Appellate Review

Source-derived case record

Summary, issues, holding and outcome

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Parties

Phabious Muriithi Kariga

Applicant

Republic

Respondent

Procedural Posture

Criminal Application / Ruling on Bail Pending Appeal

Legal Issues

  1. 1 Whether the applicant has demonstrated that his appeal has overwhelming or high chances of success to warrant bail pending appeal.
  2. 2 Whether there are exceptional or unusual circumstances justifying the grant of bail pending appeal.

Ratio Decidendi

The court held that the applicant bears the burden of demonstrating that his appeal has overwhelming or high chances of success to justify bail pending appeal. In this case, the applicant's counsel merely asserted that the appeal had a chance of success without substantiating this claim or pointing to any specific grounds in the record or affidavit. The supporting affidavit also failed to provide concrete reasons why the conviction was not supportable in law. The court further found that the appeal was likely to be heard within a reasonable time, negating any argument that the applicant would serve a substantial part of his sentence before the appeal was determined. Consequently, the...

Court Disposition

application dismissed

Orders

  • The application for bail pending appeal is dismissed.