[2017] KEHC 5548 (KLR)
The court held that, following conviction, the appellant is no longer entitled to the presumption of innocence and does not have an automatic right to bail. The court considered the nature of the offence (robbery with violence), the seriousness of the sentence (life imprisonment), and the absence of compelling...
Source-derived case information.
- Citation
- [2017] KEHC 5548 (KLR)
- Parties
- Appellant: James Okong'o; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 98 of 2014
- Procedural Posture
- Criminal Appeal / Application for Bail Pending Appeal
- Outcome
- application for bail pending appeal dismissed
- Judges
- JV Juma
- Legal Topics
- Bail Pending Appeal, Robbery With Violence, Presumption of Innocence, Flight Risk
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Okong'o
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Bail Pending Appeal
Legal Issues
- 1 Whether the appellant should be released on bail pending the determination of his appeal.
- 2 Whether the circumstances of the offence and the likelihood of success of the appeal justify the grant of bail.
- 3 Whether the appellant poses a flight risk or is likely to re-offend if released on bail.
Ratio Decidendi
The court held that, following conviction, the appellant is no longer entitled to the presumption of innocence and does not have an automatic right to bail. The court considered the nature of the offence (robbery with violence), the seriousness of the sentence (life imprisonment), and the absence of compelling reasons to justify release on bail pending appeal. The court found no merit in the application, noting that the appellant should continue serving his sentence until the appeal is determined, as none of the factors weighed in favour of granting bail at this stage.
Court Disposition
application for bail pending appeal dismissed
Orders
- The application for bail pending appeal is declined.
- The appellant shall continue to serve his sentence until his appeal is heard and finalized.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 98 OF 2014
REPUBLIC ……………………………………………………...…….. PROSECUTOR
VERSUS
JAMES OKONG’O .……….…………….....…………………..…...….…. ACCUSED
RULING
The appellant herein JAMES OKONG’O has through his advocate MR. OBUTU applied to be released on bail during the pendancy of his appeal. The appellant had been earlier convicted in the Magistrate’s Court in Molo of the Offence of Robbery with Violence Contrary to Section 296(2) of the Penal Code and was sentenced to a term of Life Imprisonment.
The application was opposed by the learned State Counsel.
At this stage the court is not being asked to make a determination regarding the merits or otherwise of the appeal. All that the court is being asked to do is to determine whether the appellant ought to be released on bail during the pendancy of his appeal.
There are several factors a court must consider in determining such an application
i. The nature and circumstances of the offence
ii. Whether the appeal is likely to succeed
iii. Whether the appellant is a flight risk
iv. Whether the appellant is likely to re-offend if released on bail
v. Whether the offender will have served a substantial part of his sentence before his appeal is heard and determined.
At this stage, having been convicted by a duly constituted court of law the appellant can no longer rely on the presumption of innocence or claim a right to bail in a similar way a suspect who has not been tried and convicted would do.
I have carefully perused the record of the trial in the lower court. I have addressed my mind to the various considerations for and against the grant of bail. I have also considered the submissions made by both counsels. Whilst not wishing to prejudge the appeal, I find no merit in this application and I decline to grant bail to the appellant. He shall continue to serve his sentence until his appeal is heard and finalized.
Dated in Nakuru this 10th day of February, 2017.
Mr. Obutu for Applicant
Mr Chigiti for State.
Maureen A. Odero
Judge