[2018] KEHC 4421 (KLR)

[2018] KEHC 4421 (KLR)

The court found that the appellants' reasons relating to personal suffering and social obligations do not meet the legal threshold for bail pending appeal. However, the court recognized that the appellants are likely to serve the entire sentence before their appeal is heard, and that the appeal is not frivolous or dismissible on its face. Applying established legal principles, the court determined that these factors justify the grant of bail pending appeal. The appellants were therefore ordered to be released on cash bail, with conditions to keep the peace and for the appeal to be fast-tracked.

Citation
[2018] KEHC 4421 (KLR)
Parties
Appellant: Wilson Gituma Ntuara; Appellant: Julius Muthomi Ntuara; Respondent: Republic
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Judgment Date
23 May 2018
Case Number
Criminal Appeal 55 of 2018
Procedural Posture
Criminal Appeal / Ruling on Bail Pending Appeal
Outcome
Bail pending appeal granted.
Judges
F Gikonyo
Legal Topics
Bail Pending Appeal, Forcible Detainer, Sentencing, Appeal Rights
Source Language
English
Criminal Law Bail Pending Appeal Forcible Detainer Sentencing Appeal Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Wilson Gituma Ntuara

Appellant

Julius Muthomi Ntuara

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Ruling on Bail Pending Appeal

Legal Issues

  1. 1 Whether the appellants should be granted bail pending appeal.
  2. 2 Whether the reasons advanced by the appellants meet the legal threshold for bail pending appeal.

Ratio Decidendi

The court found that the appellants' reasons relating to personal suffering and social obligations do not meet the legal threshold for bail pending appeal. However, the court recognized that the appellants are likely to serve the entire sentence before their appeal is heard, and that the appeal is not frivolous or dismissible on its face. Applying established legal principles, the court determined that these factors justify the grant of bail pending appeal. The appellants were therefore ordered to be released on cash bail, with conditions to keep the peace and for the appeal to be fast-tracked.

Court Disposition

Bail pending appeal granted.

Orders

  • The appellants shall be released on cash bail of Kshs. 5,000 each.
  • The appellants shall keep the peace in relation to the subject matter of the criminal case and this appeal.