REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT ELDORET CRIMINAL APPEAL NO. 81 OF 2014 EMILY CHEPKOECH …........................... APPELLANT/APPLICANT VERSUS REPUBLIC ............................................................... RESPONDENT RULING By Notice of Motion dated 16th May, 2014 the Appellant prays for bail pending appeal. It is premised on the grounds that:- The appeal has taken long to be heard and determined. - The appeal has a high chance of success. It is supported by the affidavit of Emily Chepkoech the Applicant herein sworn on 16th May, 2014. The application was canvassed before me on 28th July, 20014. Learned Counsel Mr. Kegehi appeared for the Applicant while learned state counsel Mr. Mulati appeared for the Respondent. The guiding principles in an application of this nature is whether the appeal has a high chance of success and whether the Applicant has demonstrated any unusual and exceptional circumstances that would warrant the granting of bail pending appeal. On success of the appeal, I have looked at the proceedings. The Applicant entered an unequivocal plea of guilty. The proper procedure of taking plea was followed. I do not wish to elaborate further than this for the risk that I may determine the appeal at this stage. The first test therefore fails. As to unusual and exceptional circumstances, all that was submitted is that the Applicant is likely to serve the sentence by the time the appeal is heard. This is not an unusual and exceptional circumstance that would favour her. In the end the application lacks merit and I dismiss it. DATED and DELIVERED at ELDORET this 21st day of November, 2014. G. W. NGENYE – MACHARIA JUDGE In the presence of: Appellant present for the Appellant/Applicant Mulati for the Respondent
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.