[2006] KEHC 361 (KLR)
The court declined to grant bail pending appeal because there was no medical report or evidence to support the claim of ill health, and the assertion that the appeal had high chances of success was not substantiated. The court held that such matters should be determined at the hearing of the appeal and that it would...
Source-derived case information.
- Citation
- [2006] KEHC 361 (KLR)
- Parties
- Applicant: Stephen Mondu Nyaikobe; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 70 of 2006
- Procedural Posture
- Miscellaneous Application / Ruling on Bail Pending Appeal
- Outcome
- application for bail pending appeal declined
- Judges
- K Bauni
- Legal Topics
- Bail Pending Appeal, Defilement Offence, Conviction Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Mondu Nyaikobe
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the applicant should be admitted to bail pending appeal.
- 2 Whether the applicant's alleged ill health justifies release on bail pending appeal.
- 3 Whether the appeal has high chances of success warranting bail.
Ratio Decidendi
The court declined to grant bail pending appeal because there was no medical report or evidence to support the claim of ill health, and the assertion that the appeal had high chances of success was not substantiated. The court held that such matters should be determined at the hearing of the appeal and that it would not be proper to admit the applicant to bail until the appeal is heard. The court also noted that the appeal would be heard expeditiously, minimizing any potential prejudice to the applicant.
Court Disposition
application for bail pending appeal declined
Orders
- The application for bail pending appeal is declined.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA OF KISII Misc Crim Appli 70 of 2006
(From original Criminal case No. 1185 of 2005 of the
RM’s court at Kehancha)
STEPHEN MONDU NYAIKOBE ………….. APPELLANT/APPLICANT
VERSUS
REPUBLIC ………………………..…..…………………… RESPONDENT
RULING:
The applicant was convicted by Resident Magistrate Kehancha for the offence of defilement. He was sentenced to 21 years in prison. He now seek court to admit him on bail pending appeal. His counsel told court that appeal has high chances of success and that he is in bad health.
Mr. Kemo the learned Senior State counsel opposed the application.
I have considered the application. There is no medical report annexed to show that applicant is in bad health It is only the word of his counsel that he is in bad health. There was no proof of the same.
I too have perused through the proceedings and judgment. I feel that though the counsel says appellant’s appeal has high chances of success that should be left until the appeal is heard.
Suffice it to say that it would not be proper to admit the applicant on bail until the appeal is heard. I believe it will be heard expeditiously and it should not take long before it is disposed off.
I therefore decline to allow the application.
KABURU BAUNI
JUDGE
Dated 24th May 2006
KABURU BAUNI
JUDGE
Cc – Mobisa
N/A for Applicant