[2013] KEHC 1661 (KLR)

[2013] KEHC 1661 (KLR)

The court found that the application for bail pending appeal had merit, particularly because the appellant was a first offender and the stolen property was recovered. The court also considered that the appellant had been sentenced to seven years' imprisonment and there was a real likelihood that he would serve a substantial part of the sentence before the appeal was heard and determined. These factors constituted exceptional circumstances justifying the grant of bail pending appeal. The court was not persuaded that the failure to record the language used in the trial invalidated the proceedings, but the overall circumstances warranted the exercise of discretion in favour of the appellant.

Citation
[2013] KEHC 1661 (KLR)
Parties
Appellant: Stephen Gitonga Domiano; Respondent: Republic
Court
High Court
Court Station
High Court at Nyeri
Jurisdiction
Kenya
Judgment Date
24 October 2013
Case Number
Criminal Appeal 21 of 2013
Procedural Posture
Criminal Appeal / Bail Pending Appeal Application
Outcome
application_allowed
Legal Topics
Bail Pending Appeal, First Offender Status, Recovery of Stolen Property
Source Language
English
Criminal Law Civil Procedure Bail Pending Appeal First Offender Status Recovery of Stolen Property

Case Brief

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Parties

Stephen Gitonga Domiano

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Bail Pending Appeal Application

Legal Issues

  1. 1 Whether the appellant is entitled to bail pending appeal.
  2. 2 Whether the appeal has overwhelming chances of success to justify bail.
  3. 3 Whether exceptional circumstances exist to warrant release on bail.

Ratio Decidendi

The court found that the application for bail pending appeal had merit, particularly because the appellant was a first offender and the stolen property was recovered. The court also considered that the appellant had been sentenced to seven years' imprisonment and there was a real likelihood that he would serve a substantial part of the sentence before the appeal was heard and determined. These factors constituted exceptional circumstances justifying the grant of bail pending appeal. The court was not persuaded that the failure to record the language used in the trial invalidated the proceedings, but the overall circumstances warranted the exercise of discretion in favour of the appellant.

Court Disposition

application_allowed

Orders

  • The applicant is admitted to bond of Kshs. 100,000 with one surety of like amount or to cash bail of Ksh. 50,000 pending trial.
  • The applicant shall attend mention before the Deputy Registrar once every 60 days until the final determination of the appeal, with the first mention on 24th December 2013 and subsequent dates as set by the Deputy Registrar.