CHARLES WANJAU KARIMI vs REPUBLIC [1997] KECA 277 (KLR)
The bottom line
#Kenya's Court of Appeal dismissed a bail application because the applicant skipped the required first step of asking the High Court for bail pending appeal.
What this practically means
#Executive summary
#Key legal issues
#Procedural prerequisite for bail pending appeal in the Court of Appeal
The application did not lie because the applicant never sought bail from the High Court first, as required by s.361(b) of the Criminal Procedure Code and rule 41 of the Court's Rules.
The court held that the proper procedure, following the statutory scheme, is for an applicant convicted by the High Court's first appellate jurisdiction to apply to that same court for bail pending a second appeal. Having bypassed that step, the application to the Court of Appeal was procedurally defective and could not be entertained, irrespective of its merits.
Merits threshold for bail pending appeal
Even on the merits, the intended appeal did not meet the threshold of overwhelming chances of success required for bail pending appeal.
In the alternative, the court assessed the intended appeal against the eight counts of stealing by a person employed in the public service and fraudulent false accounting on which the applicant had been convicted, and found the appeal lacked overwhelming prospects. This alternative ground independently justified dismissal of the application.
Legal principles established
#- An applicant for bail pending appeal to the Court of Appeal must first apply to the superior court (the High Court) under section 361(b) of the Criminal Procedure Code as read with rule 41 of the Court of Appeal Rules; an application made directly to the Court of Appeal without doing so does not lie.
- Bail pending appeal will only be granted where the intended appeal has overwhelming chances of success.
Court orders
#- 1.The application for bail pending appeal was dismissed
- On appeal from
- High Court of Kenya at Nyeri
- H.C. CR. Appeal No. 226 of 1995
- Jurisdiction invoked
- Section 361(b) of the Criminal Procedure Code as read with rule 41 of the Court of Appeal Rules (application for bail pending appeal to the Court of Appeal)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "CHARLES WANJAU KARIMI vs REPUBLIC [1997] KECA 277 (KLR)", Case Analysis (1997). Criminal Application No. NAI 8 of 1997 (NYR 5/97). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1997/277/eng@1997-04-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.