[2004] KEHC 1242 (KLR)
The court held that the applicant had not demonstrated any exceptional or unusual circumstances to justify the grant of bond pending appeal. The mere fact of suffering from Tuberculosis, without evidence of inability to receive treatment in prison, does not constitute sufficient grounds for release. The court noted...
Source-derived case information.
- Citation
- [2004] KEHC 1242 (KLR)
- Parties
- Applicant: Kennedy Ouma Oduor; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 599 of 2004
- Procedural Posture
- Miscellaneous Application / Ruling on Bond Pending Appeal
- Outcome
- Application for bond pending appeal dismissed; order for expeditious hearing of appeal granted.
- Legal Topics
- Bond Pending Appeal, Exceptional Circumstances, Prisoner Health, Sentence Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Ouma Oduor
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Bond Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to bond pending appeal on grounds of illness.
- 2 Whether the applicant has demonstrated exceptional or unusual circumstances to justify release on bond pending appeal.
- 3 Whether the applicant's appeal should be expedited.
Ratio Decidendi
The court held that the applicant had not demonstrated any exceptional or unusual circumstances to justify the grant of bond pending appeal. The mere fact of suffering from Tuberculosis, without evidence of inability to receive treatment in prison, does not constitute sufficient grounds for release. The court noted that Tuberculosis is not an unusual condition in prisons and that the applicant had not alleged lack of access to medication or treatment. Consequently, the application for bond pending appeal was dismissed. However, the court found merit in the alternative prayer for expeditious hearing of the appeal, given the delay since its admission in 2002, and ordered that a hearing date...
Court Disposition
Application for bond pending appeal dismissed; order for expeditious hearing of appeal granted.
Orders
- Prayer for bond pending appeal is dismissed for lack of merit.
- Registry to give hearing dates for the appeal no later than January 2005.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL DIVISION MISC. CRIMINAL APPL. NO. 599 OF 2004
KENNEDY OUMA ODUOR….…..……………..…………..APPLICANT
VERSUS
REPUBLIC ……………………..…………………………..RESPONDENT
R U L I N G
The Applicant KENNEDY OUMA ODUOR has applied for a bond pending Appeal on the grounds that he was suffering tremendously as a result of contracting Tuberculosis.
MISS GATERU, on behalf of the State, has opposed the Application on grounds that there was no exceptional or unusual circumstances to warrant the court to grant the Application.
The Applicant was convicted of the offence of ROBBERY contrary to Section 296(1) of the Penal Code. He was sentenced to 6 years imprisonment. He has been in prison serving sentence since September 2001. He has therefore served half the sentence. The Applicant basis his Application only on the grounds of sickness. Sickness alone is not sufficient to warrant such an Application. The Applicant had not demonstrated any exceptional or unusual circumstances whether on account of sickness or any other basis that would justify the Court to rule in his favour. Tuberculosis is not an unusual condition especially in our prisons. He has not alleged that he is unable to get medication or treatment for it while in prison.
The Applicant has, in the alternative asked that his Appeal be given a near date. I believe that prayer is justified on account of the fact that the Applicant’s Appeal was admitted way back in 2002.
Having considered this Application, I dismiss prayer 1 for having no merit. I will allow prayer two by ordering that the Registry should give hearing dates for this Appeal no later than January 2005
Orders accordingly.
Dated 3rd December 2004, at Nairobi.
LESIIT
JUDGE