[2025] KEHC 5025 (KLR)

Parties

Procedural Posture

Criminal Appeal / Ruling on Application for Bail Pending Appeal

Legal Issues

1. 1 Whether the applicant has demonstrated exceptional or unusual circumstances to warrant grant of bail pending appeal.
2. 2 Whether the applicant has shown a high probability of success of the appeal to justify bail.
3. 3 Whether the applicant's personal circumstances amount to exceptional or unusual circumstances for bail pending appeal.

Ratio Decidendi

The court held that the applicant failed to demonstrate any exceptional or unusual circumstances to justify the grant of bail pending appeal. The applicant's claims regarding his family and residence were unsupported by evidence, and his assertion that the appeal had high chances of success was unsubstantiated by any material. The court emphasized that after conviction, the presumption of innocence no longer applies, and the risk of absconding must be considered. The applicant did not show that justice required his release on bail, nor that a substantial part of the sentence would be served before the appeal was heard. Consequently, the court declined to exercise its discretion to grant...

Court Disposition

application for bail pending appeal declined

Orders

• The application dated 13.2.25 for bail pending appeal is hereby declined.