[2025] KEHC 6581 (KLR)

[2025] KEHC 6581 (KLR)

The court found that the applicant had complied with the procedural requirements for seeking bail pending appeal and had demonstrated good behavior by not absconding during the trial. The applicant's concern that he may serve the entire custodial sentence before the appeal is determined was found to be valid, especially since the record of appeal and lower court file had not yet been availed. Although the applicant claimed to be ailing, no medical evidence was provided to support this as an exceptional circumstance. The absence of any objection from the respondent further supported the applicant's case. Applying the principles from Section 357 of the Criminal Procedure Code and relevant...

Citation
[2025] KEHC 6581 (KLR)
Parties
Applicant: Bonface Andika; Respondent: Republic
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Judgment Date
20 May 2025
Case Number
Miscellaneous Criminal Case E118 of 2024
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Bail Pending Appeal
Outcome
application allowed
Judges
S Mbungi
Legal Topics
Bail Pending Appeal, Discretionary Powers of Court, Exceptional Circumstances, Sentence Suspension
Source Language
English
Criminal Law Civil Procedure Bail Pending Appeal Discretionary Powers of Court Exceptional Circumstances Sentence Suspension

Case Brief

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Parties

Bonface Andika

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application for Bail Pending Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to bail pending appeal under Section 357 of the Criminal Procedure Code.
  2. 2 Whether there exist exceptional or unusual circumstances to warrant the grant of bail pending appeal.
  3. 3 Whether the applicant's appeal has overwhelming chances of success or the sentence may be served before the appeal is heard.

Ratio Decidendi

The court found that the applicant had complied with the procedural requirements for seeking bail pending appeal and had demonstrated good behavior by not absconding during the trial. The applicant's concern that he may serve the entire custodial sentence before the appeal is determined was found to be valid, especially since the record of appeal and lower court file had not yet been availed. Although the applicant claimed to be ailing, no medical evidence was provided to support this as an exceptional circumstance. The absence of any objection from the respondent further supported the applicant's case. Applying the principles from Section 357 of the Criminal Procedure Code and relevant...

Court Disposition

application allowed

Orders

  • The applicant may be released on bail of Kshs 50,000 plus one surety of similar amount or cash bail of Kshs 20,000 plus one contact person pending the hearing and determination of his appeal.
  • Let this file be closed.