[2011] KEHC 1098 (KLR)
The court held that it has no jurisdiction to grant bail to a person convicted and sentenced for murder. The judge emphasized that the conviction was reached after careful consideration of the law and facts, and that the application for bail pending appeal was misconceived. The decision was not based on any...
Source-derived case information.
- Citation
- [2011] KEHC 1098 (KLR)
- Parties
- Applicant: Republic; Respondent: Dickson Mwangi Munene; Respondent: Alexander Chepkonga Francis
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 11 of 2009
- Procedural Posture
- Criminal Case / Ruling on Application for Bail Pending Appeal
- Outcome
- application for bail pending appeal refused
- Judges
- MA Warsame
- Legal Topics
- Bail Pending Appeal, Murder Conviction, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Dickson Mwangi Munene
Respondent
Alexander Chepkonga Francis
Respondent
Procedural Posture
Criminal Case / Ruling on Application for Bail Pending Appeal
Legal Issues
- 1 Whether the High Court has jurisdiction to grant bail to a person convicted and sentenced for murder pending appeal.
- 2 Whether the application for bail pending appeal has merit based on the facts and law as determined by the trial court.
Ratio Decidendi
The court held that it has no jurisdiction to grant bail to a person convicted and sentenced for murder. The judge emphasized that the conviction was reached after careful consideration of the law and facts, and that the application for bail pending appeal was misconceived. The decision was not based on any extraneous considerations but solely on the court's appreciation of the law and the evidence. The court refused the application for bail pending appeal, reiterating that only an appellate court can review the conviction and sentence for possible miscarriage of justice.
Court Disposition
application for bail pending appeal refused
Orders
- The application for bail pending appeal is refused.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL CASE NO.11 OF 2009
REPUBLIC.......................................................................................PROSECUTOR
VERSUS
1. DICKSON MWANGI MUNENE.......................................1ST ACCUSED
2. ALEXANDER CHEPKONGA FRANCIS........................2ND ACCUSED
RULING
Without utmost humility and profound respect to Mr. Murgor Advocate, I am clear and certain about the decision I have made. It is based on my understanding of the law and appreciation of the facts as presented by the prosecution and defence. My decision is based on the fact that the prosecution proved its case beyond reasonable doubts. If there were doubts or uncertainties in my mind, this court would not have convicted the two accused persons. It is my cardinal and unequivocal responsibility to ensure that justice is done to all parties who appear before me. It is not my duty or responsibility to base conviction or decision when there are no good grounds for doing so. I always remind myself of my oath of office and respect for human dignity and above all my faith tells me that it is wrong to take away a right of a person wrongly. The day, I fail to adhere to the basic tenets that guide me, then I would have failed the honour and privilege bestowed upon me by the people of Kenya. In that, I reiterate that my judgment and sentence is solely based on my appreciation of the law as it is. It is not based on any other round or reason. I may be right or wrong but who is the judge of this judge? Definitely, this court cannot determine whether the conviction and reason therein has resulted in a miscarriage of justice to the 1st accused person. As Mr. Murgor Advocate rightly pointed out, the most important issue in determining whether the intended appeal has an overwhelming chances of success is to examine, scrutinize and interrogate the facts and the law as determined by this court. I am not in a position to interrogate and examine the validity and legality of my decision. One thing is that I am, certain about is that, I totally believe and own the decision. I have complete and clear conviction that the decision is without any misdirection or error only time will tell whether that position is right or not. As things stand, I am of the view that the application for bail pending appeal is misconceived. I have no jurisdiction to grant bail to a person convicted and sentenced for murder.Consequently the application is refused.
M. WARSAME
JUDGE
12/10/2011