[2011] KEHC 2497 (KLR)
The court held that an application for bail pending appeal can be entertained even if the appeal has not yet been admitted, as there is no legal requirement mandating admission before such an application is heard. The court further recognized the constitutional imperative to afford greater freedom to convicts...
Source-derived case information.
- Citation
- [2011] KEHC 2497 (KLR)
- Parties
- Appellant: Samuel Mukanda; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 39 of 2011
- Procedural Posture
- Criminal Appeal / Application for Bail Pending Appeal
- Outcome
- Application for bail pending appeal allowed.
- Judges
- FN Muchemi
- Legal Topics
- Bail Pending Appeal, Admission of Appeal, Rights of Convicts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Mukanda
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Bail Pending Appeal
Legal Issues
- 1 Whether the appeal is properly before the court for purposes of a bail application.
- 2 Whether the applicant is entitled to bail pending appeal.
Ratio Decidendi
The court held that an application for bail pending appeal can be entertained even if the appeal has not yet been admitted, as there is no legal requirement mandating admission before such an application is heard. The court further recognized the constitutional imperative to afford greater freedom to convicts awaiting the hearing and determination of their appeals. Finding the application properly before the court and meritorious, the court granted bail pending appeal on specified terms.
Court Disposition
Application for bail pending appeal allowed.
Orders
- The appellant shall be released on bond of Ksh.50,000 with one suitable surety pending the hearing and determination of the appeal.
- The case will be mentioned once a month commencing 21/7/2011.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BUNGOMA
CRIMINAL APPEAL NO.39 OF 2011
(Appeal arising from WBY RMCR. NO.394 of 2011)
SAMUEL MUKANDA..................................................................................APPELLANT
VRS
REPUBLIC.................................................................................................RESPONDENT
RULING
This is a ruling on an application seeking for bail pending appeal. Mr. Kiveu for the Applicant argued the application. The main reasons for seeking bail are that the appeal has high chances of success and that the case may take a long time to be heard.
Mr. Ogoti state counsel opposed the application on grounds that it is premature since the appeal has not been admitted.
The issues for this court to decide is whether the appeal is properly before the court and whether the applicant is entitled to bail pending appeal. The Applicant is seeking for orders of bail pending appeal has two options:
a)To file a miscellaneous application seeking such orders before the appeal is filed;
b)To file an appeal and then put in an application for bail before the appeal is heard.
There is no legal requirement that an appeal must be admitted before an application in the file is heard.
Furthermore the spirit of the new constitution is to afford more freedom to arrested persons and to convicts who as they await the hearing and determination of the appeal.
I find the application properly before the court and also meritorious. I allow the same accordingly. The Appellant shall be released on bond of Ksh.50,000/= with one suitable surety pending the hearing and determination of the appeal. The case will be mentioned once a month commencing 21/7/2011. The personal presence of the Appellant shall be required during mentions and hearing of the appeal.
F. N. MUCHEMI
JUDGE
Ruling dated and delivered on the 21st day of June 2011 in the presence of the Appellant and the State Counsel Mr. Ogoti.
F. N. MUCHEMI
JUDGE