Julius Mathew v Republic [2020] eKLR Case Summary

Court
High Court of Kenya at Meru
Category
Criminal
Judge(s)
F. Gikonyo
Judgment Date
October 14, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the 2020 case summary of Julius Mathew v Republic on eKLR, detailing key legal principles and judicial interpretations. Ideal for legal research and understanding case law outcomes.

Case Brief: Julius Mathew v Republic [2020] eKLR

1. Case Information:
- Name of the Case: Julius Mathew v. Republic
- Case Number: Criminal Appeal No. 55 of 2020
- Court: High Court of Kenya at Meru
- Date Delivered: October 14, 2020
- Category of Law: Criminal
- Judge(s): F. Gikonyo
- Country: Kenya

2. Questions Presented:
The central legal issues in this case revolve around whether the appellant, Julius Mathew, should be granted bail pending the resolution of his appeal against a conviction for threatening to kill. Specifically, the court must consider if there exist exceptional circumstances warranting his release and whether the appeal has a high probability of success.

3. Facts of the Case:
Julius Mathew, the appellant, was charged with threatening to kill, an offense under Section 223(1) of the Penal Code. He was convicted and sentenced to five years of imprisonment in Githongo Criminal Case No. 1522 of 2018. Dissatisfied with the conviction and sentence, Mathew filed an appeal, arguing that it has a high probability of success and that delaying the appeal could result in him serving his sentence before the appeal is heard. He emphasized his role as the sole breadwinner for his family, which includes small children.

4. Procedural History:
The appellant filed a motion on July 27, 2020, seeking bail pending appeal under Section 357(1) of the Criminal Procedure Code. The application was opposed by the respondent, the Republic, which contended that the appeal lacked merit and did not present compelling reasons for granting bail. The court reviewed the arguments presented by both parties, considering the legal standards for bail pending appeal established in prior case law.

5. Analysis:
- Rules: The court referred to the criteria established in *Jivraj Shah v. Republic* [1986] KLR 605, which states that to grant bail pending appeal, there must be exceptional circumstances indicating that it is in the interest of justice. Additionally, if the appeal appears likely to succeed and the appellant may have served a substantial part of the sentence by the time the appeal is heard, this may justify bail.

- Case Law: The court also cited *Dominic Karanja v. Republic* [1986] KLR 612, which emphasized that the likelihood of success on appeal is crucial, and that previous good character or family hardships do not constitute exceptional circumstances. The court noted that a mere assertion by the appellant that he would not abscond is insufficient for bail.

- Application: Upon reviewing the appeal and supporting documents, the court found that the appellant did not sufficiently demonstrate that his appeal had high chances of success, nor did he present exceptional circumstances justifying bail. The court noted that judicial efficiency would likely prevent him from serving a substantial part of his sentence before the appeal is heard, as appeals are processed quickly.

6. Conclusion:
The court dismissed the appellant's application for bail pending appeal, concluding that there were no exceptional circumstances and that the appeal did not demonstrate a high probability of success. The court directed the Githongo Law Courts to produce the trial record within seven days and scheduled the appeal hearing for November 9, 2020.

7. Dissent:
There was no dissenting opinion noted in this case, as the ruling was delivered by a single judge.

8. Summary:
The High Court of Kenya in *Julius Mathew v. Republic* ruled against the appellant's request for bail pending appeal, citing a lack of exceptional circumstances and insufficient evidence of a high likelihood of success on appeal. This case underscores the stringent criteria for granting bail in criminal appeals and highlights the importance of demonstrating substantial merit in the appeal process. The ruling has implications for future applications for bail pending appeal, reaffirming the necessity for compelling reasons beyond personal circumstances.

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