[2006] KEHC 3530 (KLR)
The court found that although the applicant has demonstrated that his appeal is arguable, he has not shown that the appeal has overwhelming chances of success, which is a key requirement for granting bail pending appeal. Furthermore, the applicant failed to demonstrate any special hardship or exceptional reason...
Source-derived case information.
- Citation
- [2006] KEHC 3530 (KLR)
- Parties
- Appellant: Stephen Wanjohi Ndirangu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 272 of 2005
- Procedural Posture
- Criminal Appeal / Ruling on Bail Pending Appeal
- Outcome
- application for bail pending appeal rejected
- Legal Topics
- Bail Pending Appeal, Incest Offence, Standard for Release on Bail
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Wanjohi Ndirangu
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the applicant should be released on bail pending the hearing and determination of his criminal appeal.
- 2 Whether the appeal has overwhelming chances of success to justify bail pending appeal.
- 3 Whether the applicant has demonstrated any special reason or hardship warranting release on bail pending appeal.
Ratio Decidendi
The court found that although the applicant has demonstrated that his appeal is arguable, he has not shown that the appeal has overwhelming chances of success, which is a key requirement for granting bail pending appeal. Furthermore, the applicant failed to demonstrate any special hardship or exceptional reason warranting his release. The seriousness of the charge of incest by a male under section 166(1) of the Penal Code further militates against the grant of bail. The court emphasized that it will have the opportunity to reconsider and evaluate all the evidence during the substantive hearing of the appeal, but at this interlocutory stage, the threshold for bail pending appeal has not...
Court Disposition
application for bail pending appeal rejected
Orders
- The application for bail pending appeal is dismissed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
Criminal Appeal 272 of 2005
S W N ..............................................…………………….......……………. APPELLANT
VERSUS
REPUBLIC ……………………………………………………………… RESPONDENT
(Appeal from original Judgment and Conviction in Senior Resident Magistrate’s Court at
Nanyuki in Criminal Case No. 1385 of 2005 dated 1st December 2005 by Ms R. N. Muriuki – SRM – Nanyuki)
R U L I N G
Stephen Wanjohi Ndirangu (hereinafter referred to as the applicant) seeks to be released on bail pending the hearing and determination of the appeal which the applicant has lodged against the judgment of the Senior Resident Magistrate Nanyuki convicting the applicant of the offence of incest by a male contrary to section 166 (1) of the Penal Code and sentencing the applicant to 15 years imprisonment. It is the applicant’s contention that the appeal has overwhelming chances of success as the medical evidence adduced was not conclusive of any sexual intercourse and none of the prosecution witnesses was an eye-witness, and that no DNA test was carried out to prove paternity.
The application was ably argued by Mr. Wahome Gikonyo who appeared for the applicant. Having considered the same however I do concur with learned State Counsel that all that Mr. Wahome has demonstrated is that the applicant has an arguable appeal but that does not necessarily mean that his appeal has overwhelming chances of success. This court being the first court of appeal will have the obligation during the hearing of the appeal to reconsider and evaluate all the evidence which was adduced before the trial magistrate and arrive at its own finding.
The charge facing the applicant was a serious charge. The applicant has not shown any serious hardship or special reason as to why he should be released on bail pending appeal. In the circumstances I reject the application for bail pending appeal.
Dated signed and delivered this 22nd day of February 2006
H. M. OKWENGU
JUDGE