[2020] KEHC 2754 (KLR)
The court declined to grant bail pending appeal, finding that the applicant had only served two months of a fifteen-year sentence and that the risk of absconding was high, particularly since the applicant had admitted paternity of the child, which was tantamount to an admission of guilt. The court was not persuaded...
Source-derived case information.
- Citation
- [2020] KEHC 2754 (KLR)
- Parties
- Applicant: Vincent Ijenji; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 209 of 2019
- Procedural Posture
- Bail Pending Appeal / Ruling on Application for Bail Pending Appeal
- Outcome
- application for bail pending appeal dismissed
- Judges
- DO Ohungo
- Legal Topics
- Bail Pending Appeal, Defilement Offence, Sentencing, Risk of Absconding
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vincent Ijenji
Applicant
Republic
Respondent
Procedural Posture
Bail Pending Appeal / Ruling on Application for Bail Pending Appeal
Legal Issues
- 1 Whether the applicant should be granted bail pending appeal.
- 2 Whether the appeal has high chances of success to justify release on bail.
- 3 Whether there is a risk of the applicant absconding if released on bail.
Ratio Decidendi
The court declined to grant bail pending appeal, finding that the applicant had only served two months of a fifteen-year sentence and that the risk of absconding was high, particularly since the applicant had admitted paternity of the child, which was tantamount to an admission of guilt. The court was not persuaded that the appeal had such high chances of success or that there were exceptional circumstances to warrant release on bail. The court further noted that the appeal could be expedited and heard within a reasonable time, thus mitigating the applicant's concern about delay.
Court Disposition
application for bail pending appeal dismissed
Orders
- Bail pending appeal is declined.
- The appellant is directed to give and serve the record of appeal within seven days from the date of the ruling.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT ELDORET
HCRA NO. 209 OF 2019
VINCENT IJENJI.............................................................APPLICANT
VERSUS
REPUBLIC...................................................................RESPONDENT
RULING
1. The applicant (VINCENT IJENJI) has applied to be released on bail pending appeal saying he has already lodged an appeal which has high chances of success. He is apprehensive that the appeal may take long to be admitted and be ready for hearing.
2. The applicant was convicted and sentenced on a charge of defilement Contrary to Section 8(1) and 8(40 of the sexual Offences Act of a girl aged 17 years, and sentenced to serve 15 years imprisonment.
He explains through his advocate Mr. SAGASI that he has already obtained proceedings and judgment and is in the process of preparing a record of appeal. He is apprehensive that he might complete sentence befdore the appeal is heard, pointing out that he is willing to abide by any terms the court may impose if granted bond.
Counsel submits that the appeal stands high chances of success as the age of the appellant was not assessed, and the complainant’s evidence was full of contradictions.
3. In opposing the appeal, Miss Okok on behalf of DPP submits that even though the applicant may have an arguable appeal, that alone does not guarantee its success.
Further that given the fact that appellant is already serving sentence, the temptation to jumping bail if released is very high.
4. I have considered the submissions presented, actually the appellant was sentenced on 17th December 2019 to a 15 year term, he has only spent 2 months in prison. If he is able to prepare his record of appeal even within 7 days, then the appeal can be heard within the first half of this year.
As pointed out by Ms Okok. Now that he knows he has a 15 years sentence over his head, the temptation to jump bail, especially taking into account that he had admitted the child was his (this literally pleading guilty to the offence ) is very high.
5. I decline to grant bail pending appeal. I direct that appellant gives and serves record of appeal within 7 (seven) days from today and file be placed before High Court duty judge for admission within 7 days from date of ruling.
Delivered online with consent of:
AMOLO, SAGASI & CO ADV......................... for the Plaintiffs
DPP......................................................................... for Respondent
Further order:
A soft copy to be availed to the parties through their email addresses.
Delivered, Signed and Dated this 8th day of APRIL 2020 at Eldoret
H. A. OMONDI
JUDGE