[2003] KEHC 286 (KLR)
The court found that the applicant failed to provide evidence of his alleged ailments and that he was receiving adequate medical attention while in prison. The court held that discomfort in prison is not a sufficient ground for bail, as prison is not intended to be a comfort zone. Furthermore, the applicant did not...
Source-derived case information.
- Citation
- [2003] KEHC 286 (KLR)
- Parties
- Applicant: Benson Kangethe Njenga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 53 of 2003
- Procedural Posture
- Criminal Application / Ruling on Bail Pending Appeal
- Outcome
- application dismissed
- Judges
- JW Lessit
- Legal Topics
- Bail Pending Appeal, Medical Grounds for Bail, Prisoner Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benson Kangethe Njenga
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the applicant should be granted bail pending appeal on medical grounds.
- 2 Whether the applicant has demonstrated overwhelming chances of success in the appeal.
Ratio Decidendi
The court found that the applicant failed to provide evidence of his alleged ailments and that he was receiving adequate medical attention while in prison. The court held that discomfort in prison is not a sufficient ground for bail, as prison is not intended to be a comfort zone. Furthermore, the applicant did not demonstrate that his appeal had overwhelming chances of success. The court concluded that there were no exceptional circumstances to warrant granting bail pending appeal and dismissed the application in its entirety.
Court Disposition
application dismissed
Orders
- The application for bail pending appeal is dismissed in its entirety.
Full Case Text
Judgment text and source record
23 paragraphs
REPPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
ÁT NAKURU
CRIMINAL APPLICATION NO.53 OF 2003
BENSON KANGETHE NJENGA…………………………...APPLICANT
VERSUS
REPUBLIC………………………………..………………RESPONDENT
R U L I N G
The applicant BENSON KANGETHE NJENGA has applied to be admitted to bail bond on grounds he has ulcers, hypertension and asthma.
He claims he is unable to get medicine at Provincial General Hospital, Nakuru sincehe is asked to purchase them which he is unable to do while in prison. He also argued that he needed special diet which he is unable to get in prison. He complained of being squeezed while in prison during th night making him uncomfortable due to peptic ulcers.
The application is opposed on grounds that the applicant did not show that his appeal had overwhelming chances of success. He also submitted that the applicant has admitted that he is taken care of at Provincial General Hospital Nakuru and that if the problem was expensive drugs, bail bond will not ease the problem. I have considered the application and submissions by both sides. The applicant has not annexed anything to show he suffers from any ailment.
Besides, I do find that he has been accorded sufficient medical attention while in prison on issues of discomfort while in prison, a prison is not a comfort zone and an application cannot be based on that ground alone.
On diet, the applicant can solve the problem himself by making such a request through doctors who attend to him and I am sure that Prison authorities will adhere to recommendations made on medical grounds.
I have also scanned through the lower court’s Judgment and do find that the appeal has no overwhelming chances of success.
I find no merit in this application and do dismiss it in it entirety.
Orders accordingly.
JESSIE LESIIT
JUDGE
Read, signed and delivered this 16th day of July, 2003.
In presence of Applicant in person.
Mr. Mutuku for State.
JESSIE LESIIT
JUDGE