[2025] KEHC 8765 (KLR)

[2025] KEHC 8765 (KLR)

The court held that bail pending appeal is not an absolute right but a discretionary remedy, only available in exceptional or unusual circumstances. The applicant failed to demonstrate that his appeal had overwhelming chances of success, as the alleged defect in the charge sheet was not evident at this interlocutory stage. The medical evidence provided was insufficient, lacking proper diagnosis or credible documentation, and there was no proof that prison facilities could not cater for the applicant's needs. Family hardship and marital discord do not amount to exceptional circumstances. The court found no justification to exercise its discretion in favour of the applicant and dismissed...

Citation
[2025] KEHC 8765 (KLR)
Parties
Appellant: Lesley Kamande Karanja; Respondent: Republic
Court
High Court
Court Station
High Court at Kajiado
Jurisdiction
Kenya
Judgment Date
19 June 2025
Case Number
Criminal Appeal E018 of 2025
Procedural Posture
Criminal Appeal / Ruling on Application for Bail Pending Appeal
Outcome
application dismissed
Judges
CW Meoli
Legal Topics
Bail Pending Appeal, Conviction on Plea, Defective Charge Sheet, Medical Grounds for Bail
Source Language
English
Criminal Law Bail Pending Appeal Conviction on Plea Defective Charge Sheet Medical Grounds for Bail

Case Brief

Summary, issues, holding and outcome

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Parties

Lesley Kamande Karanja

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Ruling on Application for Bail Pending Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to bail pending appeal after conviction on own plea of guilty.
  2. 2 Whether the charge sheet was defective under the East Africa Community Vehicle Load Control Act, 2016.
  3. 3 Whether the applicant's medical condition or family circumstances constitute exceptional or unusual circumstances warranting bail pending appeal.

Ratio Decidendi

The court held that bail pending appeal is not an absolute right but a discretionary remedy, only available in exceptional or unusual circumstances. The applicant failed to demonstrate that his appeal had overwhelming chances of success, as the alleged defect in the charge sheet was not evident at this interlocutory stage. The medical evidence provided was insufficient, lacking proper diagnosis or credible documentation, and there was no proof that prison facilities could not cater for the applicant's needs. Family hardship and marital discord do not amount to exceptional circumstances. The court found no justification to exercise its discretion in favour of the applicant and dismissed...

Court Disposition

application dismissed

Orders

  • The application for bail pending appeal dated 25.03.2025 is dismissed.
  • The record of appeal to be filed so that the appeal can be perfected and heard without delay.