[2006] KEHC 1616 (KLR)
The court found that, upon considering the proceedings, judgment, and grounds of appeal, the applicant's appeal had overwhelming chances of success. This justified the grant of bail pending appeal. The court exercised its discretion in favour of the applicant, finding it fair and just to admit him to bail pending...
Source-derived case information.
- Citation
- [2006] KEHC 1616 (KLR)
- Parties
- Applicant: Simon Ndegwa Githae; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 98 of 2006
- Procedural Posture
- Criminal Application / Ruling on Bail Pending Appeal
- Outcome
- Application for bail pending appeal allowed.
- Judges
- GG Okwengu
- Legal Topics
- Bail Pending Appeal, Conviction Appeal, Sentencing, Probation Report, Single Witness Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Ndegwa Githae
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the applicant should be granted bail pending appeal.
- 2 Whether the appeal has overwhelming chances of success.
- 3 Whether the trial magistrate erred in relying on uncorroborated evidence of a single witness.
Ratio Decidendi
The court found that, upon considering the proceedings, judgment, and grounds of appeal, the applicant's appeal had overwhelming chances of success. This justified the grant of bail pending appeal. The court exercised its discretion in favour of the applicant, finding it fair and just to admit him to bail pending appeal, subject to bond terms.
Court Disposition
Application for bail pending appeal allowed.
Orders
- The applicant may be released on a bond of Kshs. 50,000 plus one surety of like sum to be approved by the Deputy Registrar of the High Court.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
Crim Appli 98 of 2006
SIMON NDEGWA GITHAE ……………...........................................…………………... APPLICANT
VERSUS
RESPONDENT …………………………………......................................…………. RESPONDENT
R U L I N G
Simon Ndegwa Githae, the applicant herein was tried and convicted by the Senior Resident Magistrate Nyeri for the offence of preparation to commit a felony contrary to section 308(2) of the Penal Code and being in possession of imitation firearm contrary section 34(1)(5) of the Firearms Act Cap 114 Laws of Kenya. He was sentenced to serve concurrent terms of 10 years imprisonment in respect of the first count and 7 years imprisonment in respect of the second count.
Being dissatisfied the applicant has lodged an appeal against his conviction and sentence. The applicant now seeks to be admitted to bail pending appeal contending that his appeal has high chances of success and that the appeal is likely to take long before it is heard. It is the applicant’s contention that his conviction was wrongly founded on the uncorroborated evidence of a single witness. The applicant also maintains that the trial magistrate was wrong in ignoring the probation officer’s report which was favourable to him.
Learned State Counsel has objected to the application contending that the applicant has not demonstrated that the appeal has high chances of success and that the trial magistrate had the discretion to disregard the probation officer’s report.
I have considered the proceedings and judgment as well as the grounds of appeal. Without saying more, I am satisfied that this appeal has overwhelming chances of success and in the circumstances it is fair and just that the applicant be admitted to bail pending appeal. The applicant may be released on a Bond of Kshs.50,000/= plus one surety of like sum to be approved by the Deputy Registrar of the High Court.
Dated signed and delivered this 24th day of July 2006.
H. M. OKWENGU
JUDGE