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BAIL PENDING APPEAL



Section 357 – of the CPC provides that the High Court or the subordinate court which convicted and or sentenced the accused person may order the release of that person on bail with or without sureties and the accused person can also request for an order maybe made suspending the execution of his sentence pending the e appeal where bail is denied.

Where bail is denied by the trial magistrate the accused does not have a right to make a fresh application before the High Court, instead he has the right to appeal against such refusal and such appeal shall be heard and cannot be summarily rejected under Section 352 of the CPC.

Notwithstanding these factors it must be borne in mind that unlike bail pending trial, bail pending appeal is considered within the context of an existing legally binding finding of guilty.  Somo v R [1972] EA 476 at 480 Trevelyan J noted;;  “It seems to me that where these applications are…

The court will take into consideration all the factors together including all the factors together including factors taken into consideration in bail pending trial such; the character of the accused, likelihood to attend appeal, where the application is successful the court will proceed to give bail terms and the procedure is similar to the that in the subordinate courts.

In the High Court sureties are examined and approved by the deputy registrar.

Bail pending appeal can be granted where the High court is exercises its power of review under section 362

The court of appeal has held on various occasions that it has no jurisdiction to entertain appeals from high court refusals to grant bail pending appeal – Micheal Otieno Ademba v R court of Appeal Reports 1983 volume 1 at 187


Essential factors are whether the appeal has been lodged,

The trial court is the first court that can be seised of the matter.  It is unlikely for trial court that has found you guilty to sit back and consider whether they should give you bail pending appeal.  If there are high chances of success, you are asking the trial court to evaluate the evidence, whether it is sufficient to sustain a conviction at the appellate level.  Subordinate courts in some cases are able to evaluate and grant bail pending appeal.

 
 
 

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