[2012] KEHC 3471 (KLR)
The court found that the application for bail pending appeal was not merited. Despite the appellant being a student and having filed an appeal promptly, the court, after perusing the trial record and the grounds of appeal, was not persuaded that the circumstances justified the grant of bail. The seriousness of the...
Source-derived case information.
- Citation
- [2012] KEHC 3471 (KLR)
- Parties
- Appellant: Sammy Kamanza Chiwaya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 80 of 2012
- Procedural Posture
- Criminal Appeal / Ruling on Bail Pending Appeal
- Outcome
- Application for bail pending appeal declined; appeal admitted for hearing.
- Judges
- JV Juma
- Legal Topics
- Bail Pending Appeal, Defilement Offence, Sexual Offences Act, Conviction and Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sammy Kamanza Chiwaya
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the appellant should be admitted to bail pending the hearing and determination of his appeal.
- 2 Whether the circumstances of the case justify the grant of bail pending appeal.
Ratio Decidendi
The court found that the application for bail pending appeal was not merited. Despite the appellant being a student and having filed an appeal promptly, the court, after perusing the trial record and the grounds of appeal, was not persuaded that the circumstances justified the grant of bail. The seriousness of the offence (defilement of a child) and the sentence of ten years' imprisonment weighed against the exercise of discretion in favour of the appellant. The court therefore declined to admit the appellant to bail pending appeal but expedited the hearing of the appeal.
Court Disposition
Application for bail pending appeal declined; appeal admitted for hearing.
Orders
- Application for bail pending appeal is declined.
- Appeal admitted for hearing before a single Judge.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
Criminal Appeal 80 of 2012
(From Original Conviction and Sentence in Criminal Case No. 47 of 2011 of the Senior Resident Magistrate’s Court at Mariakani: D.M. Machage – S.R.M.)
SAMMY KAMANZA CHIWAYA .…...….……… APPELLANT
=VERSUS=
REPUBLIC …………………….…………... RESPONDENT
RULING
The Applicant herein through his advocate MR. MUSHELLE has applied to be admitted to bail pending the hearing and determination of his appeal. The Appellant was on 19th March 2012 convicted of the offence of Defilement of a Child contrary to Section 8(1) as read with Section 8(4) of the Sexual Offences Act 2006. He was thereafter sentenced to serve ten (10) years imprisonment. The Appellant promptly filed an appeal against both conviction and sentence. I have carefully perused the record of the trial before the lower court. I have also considered the Petition of Appeal filed by the Applicant as well as the grounds raised therein. I am mindful of the fact that the Appellant is a student. However in my view the application for bail is not merited and I hereby decline to admit the Appellant to bail pending appeal. However in order to expedite the determination of this appeal I do hereby admit the same for hearing before a single Judge. Deputy Registrar to ensure proceedings are served on the State and counsel to serve State with his petition and Grounds of Appeal within 14 days. Hearing of appeal on 23rd July 2012.
Dated and Delivered in Mombasa this 22nd day of June 2012.
M. ODERO
JUDGE
In the presence of:
Mr. Mushelle for Applicant
Mr. Tanui for State