[2018] KEHC 4403 (KLR)
The court found that the applicant did not meet the threshold for grant of bail pending appeal. The grounds advanced, including poor health and alleged high chances of success, were not sufficient to warrant the exercise of the court's discretion in her favour. The court therefore declined to grant bail pending...
Source-derived case information.
- Citation
- [2018] KEHC 4403 (KLR)
- Parties
- Appellant: Winrose Nasimiyu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 34 of 2018
- Procedural Posture
- Criminal Appeal / Ruling on Application for Bail Pending Appeal
- Outcome
- Application for bail pending appeal dismissed. Appeal to be set down for hearing within 14 days.
- Legal Topics
- Bail Pending Appeal, Assault Causing Actual Bodily Harm, Discretion of Court, Threshold for Bail, Conviction and Sentence, Health Grounds
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Winrose Nasimiyu
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Application for Bail Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to bail pending appeal.
- 2 Whether the applicant's health condition justifies release on bond pending appeal.
- 3 Whether the appeal has high chances of success to warrant bail pending appeal.
Ratio Decidendi
The court found that the applicant did not meet the threshold for grant of bail pending appeal. The grounds advanced, including poor health and alleged high chances of success, were not sufficient to warrant the exercise of the court's discretion in her favour. The court therefore declined to grant bail pending appeal but directed that the appeal be set down for hearing within 14 days to ensure expeditious determination.
Court Disposition
Application for bail pending appeal dismissed. Appeal to be set down for hearing within 14 days.
Orders
- The application for bail pending appeal is declined.
- The appeal shall be set down for hearing within the next 14 days.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA.
IN THE HIGH COURT OF KENYA AT BUNGOMA.
CRIMINAL APPEAL CASE NO. 34 OF 2018.
WINROSE NASIMIYU....................APPELLANT/APPLICANT
VERSUS.
REPUBLIC.................................RESPONDENT/RESPONDENT
RULING.
This is an application dated 27. 6.2017 by the applicant Winrose Nasimiyu seeking to be released on bond pending the hearing and determination of her appeal. The appellant was convicted and sentenced to Seven (7) months imprisonment on 18. 6.2018 in Kimilili SRMCR 1112/2016 for the offence of assault causing actual bodily harm. She has filed an appeal as per the Petition of Appeal dated 27th June, 2018 challenging both the conviction and sentence, and seeking the same to be set aside.
The grounds for this application is that the applicant is of poor health and any continued incarceration may lead to further deterioration in her health and that the appeal has high chances of success and that finally if the order is not granted, the appeal will be rendered nugatory.
M/s Njeru for the Respondent filed grounds of opposition contending that bail pending appeal is at the discretion of the court and that the appeal has no chances of success and therefore this application does not meet the threshold for granting of the orders sought.
I have considered the application. I decline to grant the same but direct that the appeal be set down for hearing within the next 14 days.
Dated at Bungoma this 11thday of September, 2018.
S.N. RIECHI
JUDGE.