[2011] KEHC 2021 (KLR)
The court found that the appeal did not have overwhelming chances of success after reviewing the trial court proceedings and the evidence presented. The sentence imposed was twenty years for defilement, and the court noted that hearing dates for appeals were available within a reasonable time frame. The court was...
Source-derived case information.
- Citation
- [2011] KEHC 2021 (KLR)
- Parties
- Appellant: Syphreen Wasike Masibo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 49 of 2011
- Procedural Posture
- Criminal Appeal / Ruling on Bail Pending Appeal
- Outcome
- application dismissed
- Judges
- FN Muchemi
- Legal Topics
- Bail Pending Appeal, Defilement Offence, Sexual Offences Act, Conviction Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Syphreen Wasike Masibo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the appellant is entitled to bail pending appeal.
- 2 Whether the appeal has overwhelming chances of success.
- 3 Whether refusal to grant bail would render the appeal nugatory.
Ratio Decidendi
The court found that the appeal did not have overwhelming chances of success after reviewing the trial court proceedings and the evidence presented. The sentence imposed was twenty years for defilement, and the court noted that hearing dates for appeals were available within a reasonable time frame. The court was not persuaded that refusal to grant bail would render the appeal nugatory, especially as the conviction was recent and the appeal could be expedited. Consequently, the application for bail pending appeal lacked merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application for bail pending appeal is dismissed.
- The Deputy Registrar is directed to call for the lower court file and prepare the record of appeal for hearing.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT AT BUNGOMA
CRA NO.49 OF 2011
(Arising from original BGM CM CR. NO.1883 of 2010)
SYPHREEN WASIKE MASIBO:::::::::::::::::::::::::::::: APPELLANT
~VRS~
REPUBLIC::::::::::::::::::::::::::::::: RESPONDENT
RULING
This is a notice of motion dated 04/05/2011 seeks for orders that the Appellant/Applicant be released on bail pending appeal. The Applicant was convicted of defilement contrary to section 8 of the Sexual Offences Act and jailed for twenty (20) years. The grounds upon which this application is based are that it has overwhelming chances of success. That the application may be rendered nugatory if the orders sought are not granted. The supporting affidavit sworn by the Applicant’s counsel David Were expounded on the grounds.
Mr. Ogoti for the state opposed the application on grounds that the appeal has no chances of success given the water tight evidence tendered by the prosecution. He urged the court to dismiss the application.
I have perused the proceedings of the trial court. I have considered the ingredients of the offence of defilement and the sentence imposed. I am not convinced that this appeal has high chances of success. The Appellant was sentence to serve twenty (20) years. This court has dates for hearing appeal cases available before the end of the year, that is in three or four months time. The Applicant was convicted only two months ago. The facts dislodged the Appellants claim that the appeal is likely to be rendered nugatory. The Deputy Registrar will fastrack the preparation of the appeal record to ensure that the appeal is heard and determined without delay.
I find no merit in the application and I dismiss it accordingly.
F. N. MUCHEMI
JUDGE
Ruling delivered and dated this 25th day of July, 2011 in the presence of the Mr. Were for the Appellant and state counsel Mr.Ogoti.
F. N. MUCHEMI
JUDGE
ORDER
The Deputy Registrar is hereby directed to call for the lower court file, prepare the record of appeal with view of admitting the appeal for hearing. Mention on 21/9/2011 to confirm action by Deputy Registrar.
F. N. MUCHEMI
JUDGE