[2014] KEHC 4877 (KLR)
The court found that although the main consideration for bail pending appeal is the likelihood of the appeal succeeding, the length of the sentence is also relevant. Given that the appellant was sentenced to one year imprisonment, and considering the time it would take for the appeal to be heard, the appellant might...
Source-derived case information.
- Citation
- [2014] KEHC 4877 (KLR)
- Parties
- Appellant: Stella Nduku Mulwa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 7 of 2014
- Procedural Posture
- Criminal Appeal / Ruling on Bail Pending Appeal
- Outcome
- Bail pending appeal granted.
- Judges
- LN Mutende
- Legal Topics
- Bail Pending Appeal, Stealing by Servant, Sentencing, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stella Nduku Mulwa
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the appellant is entitled to bail pending appeal.
- 2 Whether the appeal has high chances of success.
- 3 Whether the length of sentence justifies release on bail pending appeal.
Ratio Decidendi
The court found that although the main consideration for bail pending appeal is the likelihood of the appeal succeeding, the length of the sentence is also relevant. Given that the appellant was sentenced to one year imprisonment, and considering the time it would take for the appeal to be heard, the appellant might serve the entire sentence before the appeal is determined. Therefore, the court exercised its discretion to grant bail pending appeal on the condition of a cash bail of Ksh. 100,000.
Court Disposition
Bail pending appeal granted.
Orders
- The appellant may be released on cash bail of Ksh. 100,000.
Full Case Text
Judgment text and source record
16 paragraphs
NO. 271/2014
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CRIMINAL APPEAL NO. 7 OF 2014
STELLA NDUKU MULWA ..…................................ APPELLANT
VERSUS
REPUBLIC …..................….......................................... RESPONDENT
R U L I N G
The application dated 12th February 2014 is for bail pending appeal. The applicant was charged and convicted of the offence of Stealing by Servant contrary to Section 281 of the Penal Code. She was sentenced to serve one (1) year imprisonment. Being aggrieved by the conviction and sentence she appealed. She now prays to be released on bail on grounds that the incarceration will be prejudicial to her in event of the appeal being successful; the appeal has high chances of succeeding; she has two (2) children who depend on her and there are no compelling reasons for her continued detention.
The state opposed the application stating that it lacks merit.
The most important consideration the court should uphold in determining such an application is whether the appeal has high chances of succeeding. (See Dominic Karanja versus Republic 1986 KLR 816). In his submissions counsel for the applicant argued that the appeal will be successful because Section 200(3) of the Criminal Procedure Code was not complied with. As correctly pointed out the applicant gave an indication of how she wanted the case to proceed pursuant to Section 200 (3) of the Criminal Procedure Code.
However, considering the length of sentence she ought to serve if not released on bail by the time the appeal is heard she will have served the entire sentence. In the premises she may be released on cash bail of Ksh.100, 000/=.
It is so ordered.
DATED, SIGNEDand DELIVERED at MACHAKOS this21ST day of MAY, 2014.
L.N. MUTENDE
JUDGE