Simon Kiptoo Ruto v Republic [2020] eKLR Case Summary

Court
High Court of Kenya at Nyahururu
Category
Criminal
Judge(s)
R.P.V. Wendoh
Judgment Date
October 15, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Simon Kiptoo Ruto v Republic [2020] eKLR, detailing the legal principles and judgments that shaped this significant decision. Ideal for legal professionals and students.

Case Brief: Simon Kiptoo Ruto v Republic [2020] eKLR

1. Case Information:
- Name of the Case: Simon Kiptoo Ruto v. Republic
- Case Number: Criminal Appeal Number 21 of 2019
- Court: High Court of Kenya at Nyahururu
- Date Delivered: 15th October 2020
- Category of Law: Criminal
- Judge(s): R.P.V. Wendoh
- Country: Kenya

2. Questions Presented:
The central legal issues before the court include:
- Whether the applicant, Simon Kiptoo Ruto, has demonstrated that his appeal against conviction and sentence has high chances of success.
- Whether there are exceptional circumstances that warrant the granting of bail pending the hearing and determination of the appeal.
- Whether the applicant is likely to serve a substantial part of the sentence before the appeal is heard.

3. Facts of the Case:
Simon Kiptoo Ruto, the appellant, was convicted on 17th May 2019 by Hon. Mwangi – SRM for the offence of defilement under section 8(1) as read with section 8(4) of the Sexual Offences Act. He was sentenced to 15 years imprisonment. Dissatisfied with both the conviction and the sentence, Ruto filed an appeal on 21st May 2019. He subsequently filed a chambers summons on 13th January 2020, seeking to be released on bond while awaiting the appeal's outcome. Ruto argued that he is the sole breadwinner for his young family, that the appeal has high chances of success, and that delays in court processes could result in him serving a significant portion of his sentence before the appeal is heard.

4. Procedural History:
The case progressed through the following stages:
- Ruto filed his appeal on 21st May 2019 after being convicted and sentenced.
- On 13th January 2020, Ruto sought bail pending appeal, citing the need to support his family and the potential delays in court proceedings.
- The State opposed the bail application, arguing that the applicant had not demonstrated exceptional circumstances and that the appeal's success was not assured.
- The court considered the submissions from both parties before delivering its ruling on 15th October 2020.

5. Analysis:
- Rules: The court considered relevant legal principles from previous cases regarding bail pending appeal, including the need for exceptional circumstances and the likelihood of appeal success (Somo v. Republic (1972) EA 476; Jivraj Shah v. Republic (1986) eKLR).
- Case Law: The court referenced Dominic Karanja v. Republic (1986) KLR 612, which held that previous good character and family hardships do not constitute exceptional circumstances for bail. It also cited Peter Hinga Ngotho v. Republic (2015) eKLR, emphasizing that failure to breach bail conditions before conviction does not suffice as an exceptional circumstance.
- Application: The court found that Ruto did not provide exceptional circumstances justifying bail. Although he was treated as a first offender, this alone was insufficient. The court noted that the judgment from the trial court was already typed and operational capacity had increased post-COVID-19, indicating no significant delay in appeal processing.

6. Conclusion:
The court dismissed Ruto's application for bail pending appeal, concluding that he did not demonstrate overwhelming chances of success for his appeal and failed to establish exceptional circumstances warranting bail. This ruling underscores the high threshold for granting bail in criminal appeals and the court's discretion in such matters.

7. Dissent:
There were no dissenting opinions noted in the ruling.

8. Summary:
The High Court of Kenya dismissed Simon Kiptoo Ruto's application for bail pending appeal, affirming that he did not meet the criteria for exceptional circumstances or demonstrate that his appeal had high chances of success. This case highlights the stringent standards applied by courts in considering bail applications post-conviction and the emphasis on the need for compelling reasons to warrant such relief.

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