[2011] KEHC 1996 (KLR)
The court found that the appeal had overwhelming chances of success, particularly considering the appellant was a first offender, pleaded guilty, and the circumstances of the offence involved a family dispute. The court agreed with the State's position and determined that the appellant met the threshold for bail...
Source-derived case information.
- Citation
- [2011] KEHC 1996 (KLR)
- Parties
- Appellant: Rael Weruma; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 106 of 2011
- Procedural Posture
- Criminal Appeal / Ruling on Bail Pending Appeal
- Outcome
- bail pending appeal granted
- Judges
- AO Muchelule
- Legal Topics
- Malicious Damage to Property, Bail Pending Appeal, Plea of Guilty, Sentencing, Compensation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rael Weruma
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the appellant should be granted bail pending appeal.
- 2 Whether the appeal has overwhelming chances of success to justify bail.
- 3 Whether the appellant's health and age are relevant to the bail application.
Ratio Decidendi
The court found that the appeal had overwhelming chances of success, particularly considering the appellant was a first offender, pleaded guilty, and the circumstances of the offence involved a family dispute. The court agreed with the State's position and determined that the appellant met the threshold for bail pending appeal. The court admitted the appellant to bail on the condition of depositing a cash bail and set further directions for mention before the Deputy Registrar.
Court Disposition
bail pending appeal granted
Orders
- The appellant is admitted to bail pending appeal.
- The appellant shall deposit cash bail of Kshs.20,000/=.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
CRIMINAL APPEAL NO. 106 OF 2011
RAEL WERUMA ………………………......................………………….APPELLANT
VERSUS
REPUBLIC …………………….……......................……………..……RESPONDENT
R U L I N G
The Applicant was the 1st accused before the District Magistrate II at Runyenjes. The record shows that she was convicted on her own plea of guilty on the charge of malicious damage to property contrary to section 339(1) of the Penal Code and was sentenced to serve 18 months in jail and to pay compensation of Kshs.20,000/= to the complainant whose house she had demolished. The value of the house was Kshs.30,000/=. The Applicant appealed against the conviction and sentence and, pending the resolution of the appeal, sought to be released on bail. In the Petition of Appeal
she alleged that she was sickly at the time plea was taken and did not know or appreciate the seriousness of the matter. Regarding sentence, she pleads that she is an elderly woman of 62 years who is hypertensive who should have received a light sentence.
There is a presumption against the Applicant that she was properly convicted and sentenced. If she seeks to be released on bail at this stage, she has to show that the appeal has overwhelming chances of success. (DOMINIC KARANJA –VS- REPUBLIC [1986] KLR 612). She has to show that there are all the chances that the appellate court will quash the conviction, or at least interfere with the sentence to the extent of preferring a non-custodial penalty. The court should make that assumption while at the same time realizing that it is not hearing the appeal and should therefore not compromise the power of that court or prejudice the rights of any of the parties.
The facts as disclosed by the case are that the complainant was the Applicant’s daughter-in-law. The Applicant destroyed the house to force her to vacate the same. The two were therefore in a permanent relationship. The Applicant was a first offender who pleaded guilty. In mitigation she said the complainant had abused her.
I find, and agree with Mr. Wohoro for the State, that the Appeal has overwhelming chances of success. The Applicant is admitted to bail. She will deposit cash bail of Kshs.20,000/= and be produced before the Deputy Registrar who shall set her mention time table.
Dated, Signed and delivered at Embu this 25th day of July 2011.
A.O. MUCHELULE
JUDGE