Katuu v Republic [2022] KEHC 10805 (KLR)

Katuu v Republic (Criminal Appeal 53 of 2021) [2022] KEHC 10805 (KLR) (17 May 2022) (Ruling)

Neutral citation: [2022] KEHC 10805 (KLR)

Republic of Kenya

In the High Court at Kajiado

Criminal Appeal 53 of 2021

SN Mutuku, J

May 17, 2022

Between

Simon Muia Katuu

Appellant

and

Republic

Respondent

Ruling

1. Simon Muia Katuu (the Applicant) was tried for the offence of robbery with violence in the Magistrate's Court at Loitoktok in Criminal Case No. 63 of 2020. He was found guilty of that offence. He intends to file an appeal and has come to this court seeking to be released on bail pending hearing and determination of the intended appeal.

2. He has filed a Notice of Motion dated 10th January 2021 anchored on various provisions of the law as shown on the face of that application. He has advanced grounds in support of the application that he is not a flight risk; that he has a fixed abode at Katangi Location within Machakos County where he permanently resides with his family; that he is the breadwinner of his family; that he has a meritorious case with high chances of success; that he has a constitutional right to bail and that he undertakes to abide by any conditions that this court will impose.

3. The application was argued through oral submissions. Mr. Mutunga for the applicant adopted the submissions he made in Kajiado High Court Criminal Appeal No. 52 of 2021. Likewise Mr. Mang’are for the prosecution adopted his submissions in Kajiado High Court Criminal Appeal No. 52 of 2021.

4. I have considered this application. Without belabouring the point, I make similar findings as in Kajiado High Court Criminal Appeal No. 52 of 2021. The applicant has failed to provide evidence that there are exceptional circumstances to grant bail/bond pending this appeal. The Notice of Motion dated 10th January 2021 is hereby dismissed.

5. Orders shall issue accordingly.

DATED, SIGNED AND DELIVERED THIS 17TH DAY OF MAY 2021. S. N. MUTUKUJUDGE