[2010] KEHC 1281 (KLR)
The court found that although the applicant suffers from a serious medical condition requiring surgery, this alone does not constitute sufficient grounds for granting bail pending appeal. The applicant was convicted by a properly constituted court, and the mere existence of an appeal does not entitle him to bail....
Source-derived case information.
- Citation
- [2010] KEHC 1281 (KLR)
- Parties
- Appellant: Nabil Adamjee; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 307 of 2010
- Procedural Posture
- Criminal Appeal / Ruling on Renewed Bail Pending Appeal
- Outcome
- Application for bail pending appeal declined.
- Legal Topics
- Bail Pending Appeal, Health of Prisoner, Prisoner Rights
- 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
Nabil Adamjee
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Renewed Bail Pending Appeal
Legal Issues
- 1 Whether the applicant should be granted bail pending appeal due to deteriorating health conditions.
- 2 Whether new circumstances exist to warrant reconsideration of bail pending appeal.
Ratio Decidendi
The court found that although the applicant suffers from a serious medical condition requiring surgery, this alone does not constitute sufficient grounds for granting bail pending appeal. The applicant was convicted by a properly constituted court, and the mere existence of an appeal does not entitle him to bail. The court held that the applicant's medical needs can be met within the prison system, with provisions for treatment at Coast General Hospital and access to his personal doctor at his own cost. Therefore, the application for bail pending appeal was declined.
Court Disposition
Application for bail pending appeal declined.
Orders
- Officer in Charge Shimo la Tewa Prison to continue availing the applicant for treatment at Coast General Hospital as required.
- Officer in Charge to permit the applicant's personal doctor to attend to him at his own cost.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA
Criminal Appeal 307 of 2010
(From Original Conviction and Sentence in Criminal Case No.702 of 2009 of the
PrincipalMagistrate’s Court at Kwale:D.O. Ogembo – P.M.)
NABIL ADAMJEE.......................................................................................... APPELLANT
VERSUS
REPUBLIC .......................................................................................... RESPONDENT
RULING
The Applicant herein has renewed his application for bail pending appeal arguing that new circumstances have arisen which he argues should convince this court to re-consider his application.The new circumstances which he cites are his deteriorating health whilst in prison.I have looked at the medical records supplied by the Applicant which indicate that indeed he suffers a serious ailment, which requires that he be operated on.Notwithstanding all this the fact remains that the Applicant was convicted by a properly constituted court of law.The mere fact that he has filed an appeal is not a ground to release him on bail.The Applicant may be ill but provisions can be made for his treatment whilst in prison custody.I therefore decline to grant the Applicant bail pending appeal.I do direct that the Officer in Charge Shimo la Tewa Prison continue to avail the Applicant for treatment as and when required atCoastGeneralHospital.Secondly I do order said Officer in Charge Shimo la Tewa to permit Applicant’s personal doctor to attend to him at his own cost.If the personal doctor recommends treatment at a different medical facility the Officer in Charge Shimo la Tewa to facilitate his treatment at such medical facility at the Applicant’s own costs.
Dated and Delivered inMombasathis 4th day of October 2010.
M. ODERO
JUDGE