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High CourtDismissed

Vincent Ijenji v Republic

High Court of Kenya
8 April 2020
HOH. A. Omondi
407 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A strong appeal alone doesn't guarantee bail; the court prioritizes the risk of the defendant absconding.

What this practically means

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Executive summary

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Vincent Ijenji, convicted of defilement contrary to sections 8(1) and 8(4) of the Sexual Offences Act in respect of a 17-year-old girl and sentenced on 17 December 2019 to 15 years imprisonment, applied through counsel Mr Sagasi to be released on bail pending appeal. He had obtained proceedings and judgment and was preparing a record of appeal, apprehending that he might complete his sentence before the appeal was heard, and offered to abide by any bond terms. Counsel argued the appeal had high chances of success because the complainant's age was not assessed and her evidence was full of contradictions. Miss Okok for the DPP opposed, submitting that an arguable appeal does not guarantee success and that, the applicant already serving sentence, the temptation to jump bail was very high. The court noted the applicant had served only two months of his sentence and adopted the State's submission, observing that having admitted the child was his - which the court equated to pleading guilty - the temptation to abscond was high. Bail pending appeal was declined. Instead, the court directed the appellant to give and serve his record of appeal within seven days and to have the file placed before the High Court duty judge for admission within seven days of the ruling, effectively fast-tracking the appeal in lieu of release. The ruling was delivered online on 8 April 2020 at Eldoret, with a soft copy to be emailed to the parties.

Key legal issues

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01

Bail pending appeal after conviction and sentence

Holding

Bail pending appeal was declined despite an arguable appeal because the applicant had served only 2 months of a 15-year sentence and the temptation to jump bail was very high

Reasoning

The court weighed the applicant's apprehension that the appeal might take long against the risk of abscondment. It noted the applicant had admitted paternity of the child, which the court equated to pleading guilty, and that with a 15-year sentence hanging over him the incentive to jump bail was high. It instead fast-tracked the appeal by directing service of the record of appeal and admission within 7 days.

p. 1

Legal principles established

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  • An arguable appeal alone does not entitle a convicted prisoner to bail pending appeal; the risk of absconding given a long sentence is decisive

Court orders

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  1. 1.Bail pending appeal declined
  2. 2.Appellant to give and serve record of appeal within 7 days from the date of the ruling
  3. 3.File to be placed before the High Court duty judge for admission within 7 days from the date of the ruling
  4. 4.Soft copy of the ruling to be availed to the parties through their email addresses
Jurisdiction invoked
Bail pending appeal under criminal procedure provisions; the judgment does not cite the enabling provision

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Vincent Ijenji v Republic", Case Analysis (2020). . Source:

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.