[2006] KEHC 2477 (KLR)

[2006] KEHC 2477 (KLR)

The court held that while the applicant's appeal may be arguable, there is no certainty that it has high chances of success. The applicant failed to demonstrate any exceptional grounds to justify his release on bail pending appeal. The court emphasized that the applicant's status has changed from an accused person, who is entitled to bail as a right during trial, to a convict, who can only be released on bail on exceptional grounds. As no such grounds were shown, the application for bail pending appeal was dismissed.

Citation
[2006] KEHC 2477 (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 / Ruling on Bail Pending Appeal
Outcome
application dismissed
Legal Topics
Bail Pending Appeal, Defilement Offence, Exceptional Circumstances, Conviction and Sentence
Source Language
English
Criminal Law Bail Pending Appeal Defilement Offence Exceptional Circumstances Conviction and Sentence

Case Brief

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Parties

Reuben Gitonga Nderitu

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Ruling on Bail Pending Appeal

Legal Issues

  1. 1 Whether the applicant should be granted bail pending the hearing and determination of his criminal appeal.
  2. 2 Whether the applicant has demonstrated exceptional grounds to warrant bail after conviction.

Ratio Decidendi

The court held that while the applicant's appeal may be arguable, there is no certainty that it has high chances of success. The applicant failed to demonstrate any exceptional grounds to justify his release on bail pending appeal. The court emphasized that the applicant's status has changed from an accused person, who is entitled to bail as a right during trial, to a convict, who can only be released on bail on exceptional grounds. As no such grounds were shown, the application for bail pending appeal was dismissed.

Court Disposition

application dismissed

Orders

  • The application for bail pending appeal is dismissed.