[2012] KEHC 3944 (KLR)

[2012] KEHC 3944 (KLR)

The court found that the applicant had an arguable appeal with a chance of success, as evidenced by the respondent's concession on the existence of a key witness who could not be found. The court also noted that the applicant risked serving a substantial portion or the entirety of his sentence before the appeal could be heard and determined. Furthermore, the applicant had previously attended court dutifully while out on bond, indicating he was not a flight risk. Based on these considerations, and applying the principles under Section 357 of the Criminal Procedure Code, the court determined that the applicant met the threshold for being granted bail pending appeal.

Citation
[2012] KEHC 3944 (KLR)
Parties
Applicant: Samuel Kibet; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
8 February 2012
Case Number
Miscellaneous Criminal Application 632 of 2011
Procedural Posture
Miscellaneous Criminal Application / Application for Bail Pending Appeal
Outcome
application for bail pending appeal granted
Judges
LA Achode
Legal Topics
Bail Pending Appeal, Conviction and Sentence, Grounds for Bail, Appeal Process
Source Language
English
Criminal Law Civil Procedure Bail Pending Appeal Conviction and Sentence Grounds for Bail Appeal Process

Case Brief

Summary, issues, holding and outcome

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Parties

Samuel Kibet

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Application for Bail Pending Appeal

Legal Issues

  1. 1 Whether the applicant should be granted bail pending the hearing and determination of his appeal.
  2. 2 Whether the offences for which the applicant was convicted are bailable.
  3. 3 Whether the applicant risks serving a substantial part or all of his sentence before the appeal is heard.

Ratio Decidendi

The court found that the applicant had an arguable appeal with a chance of success, as evidenced by the respondent's concession on the existence of a key witness who could not be found. The court also noted that the applicant risked serving a substantial portion or the entirety of his sentence before the appeal could be heard and determined. Furthermore, the applicant had previously attended court dutifully while out on bond, indicating he was not a flight risk. Based on these considerations, and applying the principles under Section 357 of the Criminal Procedure Code, the court determined that the applicant met the threshold for being granted bail pending appeal.

Court Disposition

application for bail pending appeal granted

Orders

  • The applicant is granted bail pending the hearing and determination of his appeal.