[2004] KEHC 1240 (KLR)
The court found that the applicant failed to demonstrate overwhelming chances of success in his appeal, as the record did not reveal any such likelihood. The court further held that none of the grounds advanced by the applicant—previous good conduct, illness contracted in prison, or being a sole...
Source-derived case information.
- Citation
- [2004] KEHC 1240 (KLR)
- Parties
- Applicant: Ephraim Kinyua Waweru; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 241 of 2004
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Bond Pending Appeal
- Outcome
- application dismissed
- Judges
- JW Lessit
- Legal Topics
- Bond Pending Appeal, Exceptional Circumstances, Overwhelming Chances of Success
- 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
Ephraim Kinyua Waweru
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Bond Pending Appeal
Legal Issues
- 1 Whether the applicant has demonstrated overwhelming chances of success in the appeal to justify grant of bond pending appeal.
- 2 Whether exceptional or unusual circumstances exist to warrant release on bond pending appeal.
Ratio Decidendi
The court found that the applicant failed to demonstrate overwhelming chances of success in his appeal, as the record did not reveal any such likelihood. The court further held that none of the grounds advanced by the applicant—previous good conduct, illness contracted in prison, or being a sole breadwinner—constituted exceptional or unusual circumstances that would justify granting bond pending appeal. The application was therefore found to lack merit and was dismissed in its entirety.
Court Disposition
application dismissed
Orders
- The application for bond pending appeal is dismissed.
- The appellant be taken to Kenyatta National Hospital for medical attention.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
MISC. CRIMINAL APPL. NO. 241 OF 2004
EPHRAIM KINYUA WAWERU.……………………………..APPLICANT
VERSUS
REPUBLIC ……………………..…………………………..RESPONDENT
R U L I N G
The Applicant herein, EPHRAIM KINYUA WAWERU, seeks bond pending his Appeal. No. 71 of 2004. The basis of his Application is: -
1) That he has overwhelming chances of the Appeal succeeding.
Learned counsel for the State MR. OGETII did not agree that his Appeal had overwhelming chances of success. On my part I have perused through the record of the lower court. I do not find it apparent from this record that the Applicant’s Appeal has an overwhelming chance to succeed. Issues for determination are present, but in my view, they cannot be described as, and do not justify a finding by this court, that there are overwhelming chances of success in the Appeal.
The Applicant also basis his submission on his previous good conduct. That ground carries no weight in determining an Application of this nature. The Applicants previous good conduct is immaterial and does not contribute to grounds of allowing the Application.
The third ground argued is that the Applicant has, since his incarceration, contracted diseases in prison. Again, that ground cannot stand on its own to justify the court to grant the prayer sought. It can only be considered together with other grounds.
Same fate befalls the Applicant’s argument that he is a sole breadwinner of his family. That is not a good ground to justify this court to allow the Application as sought.
I find, after carefully considering this Application, that there are no overwhelming chances that the Appeal may succeed. That no exceptional or unusual circumstances exist in this case to warrant this court to grant prayers sought. I find the Application lacks in merit and consequently I dismiss it in its entirely.
Dated 24th November 2004, at Nairobi.
LESIIT
JUDGE
Read, signed and delivered in the presence of; Applicant present in person
No appearance for Respondent
LESIIT
JUDGE
Order:
The appellant be taken to Kenyatta National Hospital for medical attention.
LESIIT
JUDGE