[2006] KEHC 2381 (KLR)

[2006] KEHC 2381 (KLR)

The court held that the applicant, now a convict, is not entitled to bail as of right pending appeal. The applicant failed to demonstrate any exceptional grounds to justify his release on bail. The mere fact that the appeal may be arguable does not suffice to establish a high likelihood of success or exceptional circumstances. Consequently, the application for bail pending appeal was dismissed.

Citation
[2006] KEHC 2381 (KLR)
Parties
Appellant: Reuben Gitonga Nderitu; Respondent: Republic
Court
High Court
Court Station
High Court at Nyeri
Jurisdiction
Kenya
Judgment Date
19 May 2006
Case Number
Criminal Appeal 6 of 2006
Procedural Posture
Criminal Appeal / Bail Pending Appeal
Outcome
application dismissed
Legal Topics
Bail Pending Appeal, Defilement Offence, Conviction and Sentence
Source Language
English
Criminal Law Bail Pending Appeal Defilement Offence Conviction and Sentence

Case Brief

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Parties

Reuben Gitonga Nderitu

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Bail Pending Appeal

Legal Issues

  1. 1 Whether the appellant should be granted bail pending the hearing and determination of his appeal.
  2. 2 Whether exceptional circumstances exist to justify granting bail to a convicted person pending appeal.

Ratio Decidendi

The court held that the applicant, now a convict, is not entitled to bail as of right pending appeal. The applicant failed to demonstrate any exceptional grounds to justify his release on bail. The mere fact that the appeal may be arguable does not suffice to establish a high likelihood of success or exceptional circumstances. Consequently, the application for bail pending appeal was dismissed.

Court Disposition

application dismissed

Orders

  • The application for bail pending appeal is dismissed.