[2012] KEHC 526 (KLR)
The court found that the applicant failed to satisfy the requirement that the appeal has high chances of success. The applicant's assertions regarding the case being a frame-up and his personal circumstances were not sufficient to meet the threshold for granting bond pending appeal. There was no evidence of...
Source-derived case information.
- Citation
- [2012] KEHC 526 (KLR)
- Parties
- Applicant: Michael Tole; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 116 of 2012
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Bond Pending Appeal
- Outcome
- application for bond pending appeal rejected
- Judges
- GO Shikwe
- Legal Topics
- Bond Pending Appeal, Defilement Offence, Appeal Chances of Success
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Tole
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Bond Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to bond pending appeal.
- 2 Whether the applicant has demonstrated that the appeal has high chances of success.
- 3 Whether there are exceptional circumstances justifying release on bond pending appeal.
Ratio Decidendi
The court found that the applicant failed to satisfy the requirement that the appeal has high chances of success. The applicant's assertions regarding the case being a frame-up and his personal circumstances were not sufficient to meet the threshold for granting bond pending appeal. There was no evidence of inordinate delay or other exceptional circumstances. The court also considered the respondent's allegation that the applicant had previously attempted to interfere with witnesses. Consequently, the application for bond pending appeal was rejected.
Court Disposition
application for bond pending appeal rejected
Orders
- The application for bond pending appeal is rejected.
- The appeal to be heard on 6th February, 2013.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
High Court at Mombasa
Miscellaneous Criminal Application 116 of 2012
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REPUBLIC...............................................................................................................RESPONDENT
VERSUS
MICHAEL TOLE..........................................................................................................APPLICANT
RULING
The appellant was Convicted and Sentenced to fifteen (15) years for the offence of defilement contrary to section 8(1) as read with section 8(2) of the Sexual offences Act No. 3 of 2006.
This is an application by way of a Notice of Motion filed on 26th July, 2012 in which he seeks for orders of bond pending appeal.
His grounds are that his appeal has high chances of success.
That previously he was out on cash bail of Ksh. 80,000/= in the lower Court which cash bail has not been refunded to him.
That he is the sole breadwinner and his mother is ailing. That he is also ailing after being diagnosed with pneumonia.
He contends that the case in which he was Convicted was a concocted one meant to unduly punish him.
The application for bond is opposed on the grounds that the appellant has not shown that the appeal has high chances of success. It is also alleged that during the hearing in the subordinate Court the appellant had made several attempts to interfere with witnesses.
Apart from alleging that the case against him was a frame-up and one riddled with concetious the appellant has not satisfied the Court that his appeal has high chances of success. There is no evidence that inordinate delay has been occasioned.
His application for bond pending appeal is rejected he has proceeded to file and serve submissions .
The appeal to be heard on 6th February, 2013.
Ruling read and delivered in open Court this 7th day ofDecember, 2012.
......................
M. MUYA
JUDGE
In the presence of:-
Miss Mwaura for the State
Appellant in person
Court clerk – Musundi
M. MUYA
JUDGE