[2005] KEHC 1111 (KLR)
The court found that the applicant's appeal raised arguable issues and that his documented ill health constituted exceptional circumstances warranting release on bail pending appeal. The court exercised its discretion under section 357(1) of the Criminal Procedure Code, noting that the applicant had been frequently...
Source-derived case information.
- Citation
- [2005] KEHC 1111 (KLR)
- Parties
- Applicant: David Wainaina Mubea; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 35 of 2005
- Procedural Posture
- Miscellaneous Application / Bail Pending Appeal
- Outcome
- application_allowed
- Judges
- GG Okwengu
- Legal Topics
- Bail Pending Appeal, Ill Health as Ground for Bail, Conviction for Stealing by Clerk, Altering Cheques, Sentencing, Exceptional Circumstances
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
David Wainaina Mubea
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Bail Pending Appeal
Legal Issues
- 1 Whether the applicant should be granted bail pending appeal.
- 2 Whether the applicant's ill health constitutes exceptional circumstances justifying release on bail.
Ratio Decidendi
The court found that the applicant's appeal raised arguable issues and that his documented ill health constituted exceptional circumstances warranting release on bail pending appeal. The court exercised its discretion under section 357(1) of the Criminal Procedure Code, noting that the applicant had been frequently treated for health issues while in custody. The combination of an arguable appeal and the applicant's deteriorating health justified the grant of bail, subject to substantial terms to ensure attendance at future proceedings.
Court Disposition
application_allowed
Orders
- The applicant is admitted to bail pending appeal.
- The applicant may be released on cash bail of Kshs.200,000 or bond of Kshs.500,000 together with one surety of like sum.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI Misc Crimi Appli 35 of 2005
DAVID WAINAINA MUBEA ………………………………………….. APPLICANT VERSUS REPUBLIC …………………………………………………………… RESPONDENT
R U L I N G
By an application dated 14th July 2005 brought under section 357 (1) of the Criminal Procedure Code, David Wainaina Mubea (hereinafter referred to as the applicant) seeks to be admitted to bail pending the hearing of his appeal.
The applicant was convicted by the R.M. Kangema for the offences of stealing by clerk contrary to section 281 of the Penal code and Altering crossings on cheques contrary to section 356 (a) of the Penal Code. He was on the 21st October 2004 sentenced to serve 2 years imprisonment on each count.
The appellant maintains through his counsel that his appeal which he has already filed high chances of success because the trial magistrate failed to adequately consider the evidence on record. The applicant also pleads that he is suffering ill health and his health continues to deteriorate due to his incaceration.
I have considered the application, the grounds of appeal and the proceedings. At this stage I can only state that the appeal raises arguable issues. It is further apparent from the copies of the medical records annexed to this application that the applicant has been suffering ill health during the time that he has been in custody and has had to be taken for treatment at the Prisons Dispensary on many occasions. I believe this is an exceptional situation justifying his release on bail to enable him attend to his health.
For the above reasons I will allow this application and do admit the applicant to bail which in the circumstances must be substantial. He may be released either on cash bail of Kshs.200,000/= or Bond of Kshs.500,000/= together with one surety of like sum.
Orders accordingly.
Dated this 17th day of November 2005
H. M. OKWENGU
JUDGE