[2005] KEHC 3301 (KLR)
The court found that the applicant failed to demonstrate sufficient reason for release on bail pending appeal, specifically noting that he had not shown that his appeal had high chances of success. Consequently, the court declined to grant bail but ordered that the appeal be given a hearing date on a priority basis.
Source-derived case information.
- Citation
- [2005] KEHC 3301 (KLR)
- Parties
- Applicant: Richard Nderitu Kariuki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 678 of 2004
- Procedural Posture
- Criminal Application / Ruling on Bail Pending Appeal
- Outcome
- Application for bail pending appeal dismissed; appeal to be heard on priority basis.
- Judges
- JL Osiemo
- Legal Topics
- Bail Pending Appeal, Conviction Appeal, Sentencing, Release Conditions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Nderitu Kariuki
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the applicant has shown sufficient reason to be released on bail pending appeal.
- 2 Whether the appeal has high chances of success to warrant bail pending appeal.
Ratio Decidendi
The court found that the applicant failed to demonstrate sufficient reason for release on bail pending appeal, specifically noting that he had not shown that his appeal had high chances of success. Consequently, the court declined to grant bail but ordered that the appeal be given a hearing date on a priority basis.
Court Disposition
Application for bail pending appeal dismissed; appeal to be heard on priority basis.
Orders
- Application for bail pending appeal is declined.
- The applicant's appeal shall be given a hearing date on priority basis.
Full Case Text
Judgment text and source record
8 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL DIVISIONCriminal Application 678 of 2004
(From Original Criminal Case No.3569 of 2004 of the Chief Magistrate’s Court at Kibera)RICHARD NDERITU KARIUKI…………………….…… APPLICANTVERSUSREPUBLIC ……………………………………………….RESPONDENT
RULING
The applicant was charged and convicted under Section 144 of the Penal Code. He was sentenced to 5 years imprisonment. He applies to be released on bail pending appeal and in the alternative he be given an early hearing date. The application is supported by his sworn affidavit.
The applicant has not shown sufficient reason for him to be released on bail pending appeal. He has not shown that his appeal has high chances of success.
I decline to order that he be released on bail pending appeal but I order that his appeal be given a hearing date on priority basis. These are orders of this court.
Dated and delivered at Nairobi this 1st day of February, 2005.
J.L.A. OSIEMOJUDGE