[2017] KEHC 8883 (KLR)

[2017] KEHC 8883 (KLR)

The court found that the sentence imposed on the applicant was illegal as it did not comply with Section 28(2) of the Penal Code. Additionally, the applicant was likely to complete his custodial sentence before the appeal could be heard, which would render the appeal nugatory if bail was not granted. The court also...

Source-derived case information.

Citation
[2017] KEHC 8883 (KLR)
Parties
Applicant: Stephen Nyanoti; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
29 May 2017
Case Number
Criminal Appeal 36 of 2017
Procedural Posture
Criminal Appeal / Ruling on Application for Bail Pending Appeal
Outcome
application allowed
Legal Topics
Bail Pending Appeal, Illegal Sentence, Exceptional Circumstances, Stealing by Servant
Source Language
english
Criminal Law Civil Procedure Bail Pending Appeal Illegal Sentence Exceptional Circumstances Stealing by Servant

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Parties

Stephen Nyanoti

Applicant

Republic

Respondent

Procedural Posture

Criminal Appeal / Ruling on Application for Bail Pending Appeal

Legal Issues

  1. 1 Whether the applicant should be granted bail pending the determination of his criminal appeal.
  2. 2 Whether exceptional or unusual circumstances exist to justify the grant of bail pending appeal.
  3. 3 Whether the sentence imposed by the trial court was illegal.

Ratio Decidendi

The court found that the sentence imposed on the applicant was illegal as it did not comply with Section 28(2) of the Penal Code. Additionally, the applicant was likely to complete his custodial sentence before the appeal could be heard, which would render the appeal nugatory if bail was not granted. The court also noted that the applicant may have been a scapegoat, as the store from which the property was stolen was accessible to other staff, casting doubt on whether the offence was proved beyond reasonable doubt. These factors constituted exceptional and unusual circumstances justifying the grant of bail pending appeal. The court therefore allowed the application and admitted the...

Court Disposition

application allowed

Orders

  • The applicant is admitted to a bond of Kshs. 200,000 with one surety of a similar amount or cash bail of Kshs. 50,000.
  • The title deed deposited at Kibera Law Courts to be released to the holder, who shall present himself to the Deputy Registrar of the High Court for assessment.