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Court of AppealDismissedCriminal Appeal (Application) - unnumbered in judgment

Daniel Dominic Karanja v Republic [1986] KECA 37 (KLR)

Court of Appeal of Kenya
24 October 1986
JNJ.O. NYARANGIHPH.G. PLATTJGJ.M. GACHUHI
546 words in judgment
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The bottom line

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Kenya's Court of Appeal refused bail pending appeal, confirming that only an appeal with overwhelming chances of success justifies releasing a convicted person.

What this practically means

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Executive summary

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The applicant, Daniel Dominic Karanja, applied to the Court of Appeal for bail pending the hearing of his appeal against the High Court's summary rejection of his appeal under section 352(2) of the Criminal Procedure Code. He had been convicted of three counts of obtaining by false pretences contrary to section 313 of the Penal Code and sentenced to two years' imprisonment on each count, concurrent. In support of his application he relied on the alleged overwhelming chances of success of his appeal, the seven months of his sentence already served, his poor health, previous good character, family hardship and his willingness to provide sureties, noting he had not absconded while on bond during trial. The State opposed, submitting that identification of the applicant had been proved beyond doubt and the appeal had no likelihood of success. The court framed the dominant issue as whether the appeal had such overwhelming chances of success that depriving the applicant of his liberty was unjustified, with exceptional or unusual circumstances as minor considerations. Applying Somo v Republic, it held that good character and family hardship are not exceptional or unusual factors, that a solemn assertion of non-absconding even with sureties is insufficient, and that ill-health per se does not automatically qualify as exceptional given prison medical facilities. The court confirmed it has the same authority and jurisdiction as the High Court, so summary rejection would not influence the appeal's result. Finding no overwhelming chance of success, the panel of Nyarangi, Platt and Gachuhi, JJAA refused the application.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the appeal has such overwhelming chances of success that there is no justification for depriving the applicant of his liberty
  2. 2.Whether there exist exceptional or unusual circumstances justifying bail pending appeal

Key legal issues

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01

Test for bail pending appeal

Holding

The dominant consideration is whether the appeal has overwhelming chances of success; exceptional or unusual circumstances are minor relevant considerations

Reasoning

The court identified the most important issue as whether the appeal has such overwhelming chances of success that deprivation of liberty is unjustified, with exceptional or unusual circumstances as minor considerations. Perusing the trial proceedings, grounds of appeal and submissions, the court found no overwhelming chance of success and refused bail.

p. 1
02

Effect of summary rejection of appeal on subsequent appeal and bail

Holding

Summary rejection does not bind or influence the Court of Appeal's later hearing of the appeal

Reasoning

Because the Court of Appeal is vested with the same authority and jurisdiction as the High Court, the fact that the High Court summarily rejected the appeal under section 352(2) does not preclude the Court of Appeal from hearing it, nor influence the result.

p. 2
03

Weight of good character, family hardship and absconding assurances

Holding

None of these constitutes an exceptional or unusual circumstance warranting bail pending appeal

Reasoning

Relying on Somo v Republic, the court held that previous good character and hardship to wife and children are not exceptional or unusual factors. A solemn assertion of non-absconding, even with sureties, is not sufficient ground to release a convicted person on bail pending appeal.

p. 1

Legal principles established

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  • The Court of Appeal has the same authority and jurisdiction as the High Court in bail matters notwithstanding summary rejection of the appeal below
  • Previous good character and hardship facing an applicant's wife and children are not exceptional or unusual factors for bail pending appeal
  • A mere assertion by an applicant that he will not abscond, even with sureties, is insufficient for bail pending appeal
  • Ill-health per se does not automatically constitute an exceptional or unusual circumstance

Court orders

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  1. 1.The application for bail pending appeal is refused

The bench

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One judgment of the whole court — no separate or dissenting opinions.

JN
majority
HP
majority
JG
majority
On appeal from
High Court
Jurisdiction invoked
Court of Appeal vested with same authority and jurisdiction as the High Court in respect of bail pending appeal; appeal against summary rejection pursuant to section 352(2) of the Criminal Procedure Code (cap 75)

Relief refused

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Bail pending hearing of appeal against summary rejection

No overwhelming chance of the appeal succeeding; no exceptional or unusual circumstances established

p. 2

Costs

No costs order made in the judgment.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The most important issue here is if the appeal has such overwhelming chances of success that there is no justification for depriving the applicant of his liberty.
p. 1Test for bail pending appeal
A solemn assertion by an applicant that he will not abscond if he is released is not sufficient ground, even with support of sureties, for releasing a convicted person on bail pending appeal.
p. 1Insufficiency of non-absconding assurances
This court has the same authority and jurisdiction as is vested in the High Court. So notwithstanding the summary rejection of the appeal by the High Court, this court will be free to hear or not to hear the appeal.
p. 2Court of Appeal's jurisdiction notwithstanding summary rejection
We are respectfully of the view that at this stage there is not before us an overwhelming chance of the appeal being successful. Therefore the application is refused.
p. 2Disposition - application refused

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (2)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Daniel Dominic Karanja v Republic [1986] KECA 37 (KLR)", Case Analysis (1986). Criminal Appeal (Application) - unnumbered in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1986/37/eng@1986-10-24

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