[2007] KEHC 472 (KLR)
The court held that bail pending appeal is not an automatic right and should only be granted where the appeal has overwhelming chances of success or there are exceptional circumstances. In this case, the appellant failed to demonstrate that his appeal had overwhelming chances of success. The court also noted that...
Source-derived case information.
- Citation
- [2007] KEHC 472 (KLR)
- Parties
- Appellant: Stephen Mbogo Cairu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 29 of 2007
- Procedural Posture
- Criminal Appeal / Ruling on Bail Pending Appeal
- Outcome
- application for bail pending appeal dismissed
- Legal Topics
- Bail Pending Appeal, Handling Stolen Property, Sentencing, Appeal Chances of Success
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Mbogo Cairu
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the appellant should be granted bail pending appeal.
- 2 Whether the appeal has overwhelming chances of success to justify bail.
- 3 Whether the length of the sentence justifies granting bail.
Ratio Decidendi
The court held that bail pending appeal is not an automatic right and should only be granted where the appeal has overwhelming chances of success or there are exceptional circumstances. In this case, the appellant failed to demonstrate that his appeal had overwhelming chances of success. The court also noted that the length of the sentence alone does not justify granting bail, especially where there is a risk of absconding. The court was not satisfied that the grounds advanced by the appellant met the threshold for granting bail pending appeal and therefore dismissed the application.
Court Disposition
application for bail pending appeal dismissed
Orders
- The application for bail pending appeal is dismissed.
- The appellant is denied bail.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
HIGH COURT AT EMBU
Criminal Appeal 29 of 2007
STEPHEN MBOGO CAIRU……………………...……………………..APPELLANT
VERSUS
REPUBLIC…………………………………………………………….RESPONDENT
RULING
In this application the applicant was convicted and sentenced to imprisonment on the charge of Handling Stolen property contrary to section 322(2) Penal Code he is now praying to be admitted to bail. The application is supported by affidavit of Advocate Ngigi. The grounds shown are that:-
1. that the sentence imposed is 8 years imprisonment.
2. that the appellant has arguable appeal already filed
3. that if the order is not granted the sentence may be served before appeal and that the applicant resides within the jurisdiction of court and is not likely to abscond.
In the lower court he was on bail but he never breached the terms of bail.
It is to be noted that at the moment the Applicant is serving a jail term imposed after trial. Also the sentence of 8 years is so long that the appellant may be tempted to escape the long stay in prison. Furthermore it is not shown that the appeal has high chances of success. The complaint that the Appellant was charged with Burglary and theft is not a ground of appeal since the applicant was actually convicted on clearly stated alternative charge of Handling. In the appeal before granting bail, the court has to be satisfied that the appeal have overwhelming chances of success and the bail is granted to avoid the appellant being denied his liberty if he will succeed in appeal.
In the present case I am not satisfied that there are overwhelming grounds of appeal. It is also to be said that this appeal is not likely to be undetermined by the time 8 years are over.
I therefore do not allow the application. The same is dismissed. The appellant is denied bail.
Dated this 3rd July, 2007.
J. N. KHAMINWA
JUDGE
3/7/2007
Khaminwa – Judge
Njue – Clerk
Mr. Kimathi for state
Mr. Maina HB for Magee
J. N. KHAMINWA
JUDGE