[2017] KEHC 253 (KLR)

[2017] KEHC 253 (KLR)

The High Court lacks jurisdiction to grant bail pending appeal to an applicant who has been convicted of a capital offence and sentenced to death. Section 379(4) of the Criminal Procedure Code expressly excludes such cases from the court's discretion to grant bail pending appeal. Furthermore, the constitutional right to bail under Article 49(1)(h) is limited to arrested persons awaiting charge or trial and does not extend to persons who have already been convicted and sentenced. The applicant, having been tried, convicted, and sentenced to death for robbery with violence, falls squarely within the statutory exception. Consequently, the application for bail pending appeal must be dismissed...

Citation
[2017] KEHC 253 (KLR)
Parties
Applicant: Richard Cheruyoit Rotich; Respondent: Republic
Court
High Court
Court Station
High Court at Kericho
Jurisdiction
Kenya
Judgment Date
8 November 2017
Case Number
Criminal Miscellaneous Application 5 of 2016
Procedural Posture
Criminal Miscellaneous Application / Ruling on Bail Pending Appeal
Outcome
application dismissed
Judges
EM Ngugi
Legal Topics
Bail Pending Appeal, Jurisdiction of High Court, Capital Offences, Constitutional Rights of Convicted Persons
Source Language
English
Criminal Law Civil Procedure Bail Pending Appeal Jurisdiction of High Court Capital Offences Constitutional Rights of Convicted Persons

Case Brief

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Parties

Richard Cheruyoit Rotich

Applicant

Republic

Respondent

Procedural Posture

Criminal Miscellaneous Application / Ruling on Bail Pending Appeal

Legal Issues

  1. 1 Whether the High Court has jurisdiction to grant bail pending appeal where the applicant has been sentenced to death.
  2. 2 Whether the constitutional right to bail applies to a convicted person appealing a capital offence sentence.

Ratio Decidendi

The High Court lacks jurisdiction to grant bail pending appeal to an applicant who has been convicted of a capital offence and sentenced to death. Section 379(4) of the Criminal Procedure Code expressly excludes such cases from the court's discretion to grant bail pending appeal. Furthermore, the constitutional right to bail under Article 49(1)(h) is limited to arrested persons awaiting charge or trial and does not extend to persons who have already been convicted and sentenced. The applicant, having been tried, convicted, and sentenced to death for robbery with violence, falls squarely within the statutory exception. Consequently, the application for bail pending appeal must be dismissed...

Court Disposition

application dismissed

Orders

  • The application for bail pending appeal is dismissed.