[2018] KEHC 7230 (KLR)

[2018] KEHC 7230 (KLR)

The court found that the applicant failed to demonstrate any exceptional or unusual circumstances to justify the grant of bail pending appeal. The applicant's age and unsubstantiated claims of ill health were insufficient, as no medical evidence was provided and the prison authorities are capable of providing necessary care. Critically, the applicant had not filed a petition of appeal, meaning there was no substantive appeal before the court to support the application for bail. Consequently, the application lacked merit both on factual and procedural grounds.

Citation
[2018] KEHC 7230 (KLR)
Parties
Appellant: Daniel Riungu Marete; Respondent: Republic
Court
High Court
Court Station
High Court at Nanyuki
Jurisdiction
Kenya
Judgment Date
7 February 2018
Case Number
Criminal Application 2 of 2018
Procedural Posture
Criminal Appeal / Ruling on Bail Pending Appeal
Outcome
application dismissed
Judges
MM Kasango
Legal Topics
Bail Pending Appeal, Exceptional Circumstances, Presumption of Innocence, Medical Grounds in Bail, Appeal Procedure
Source Language
English
Criminal Law Bail Pending Appeal Exceptional Circumstances Presumption of Innocence Medical Grounds in Bail Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Daniel Riungu Marete

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Ruling on Bail Pending Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to bail pending appeal.
  2. 2 Whether exceptional or unusual circumstances exist to justify granting bail pending appeal.
  3. 3 Whether the applicant's medical condition warrants release on bail pending appeal.

Ratio Decidendi

The court found that the applicant failed to demonstrate any exceptional or unusual circumstances to justify the grant of bail pending appeal. The applicant's age and unsubstantiated claims of ill health were insufficient, as no medical evidence was provided and the prison authorities are capable of providing necessary care. Critically, the applicant had not filed a petition of appeal, meaning there was no substantive appeal before the court to support the application for bail. Consequently, the application lacked merit both on factual and procedural grounds.

Court Disposition

application dismissed

Orders

  • The application dated 7th February 2018 is dismissed.