[2022] KEHC 10237 (KLR)

Parties

Procedural Posture

Criminal Appeal / Application for Bail or Bond Pending Appeal

Legal Issues

1. 1 Whether the appellant should be granted bail or bond pending the hearing and determination of his criminal appeal.
2. 2 Whether the appellant's medical condition constitutes exceptional circumstances justifying release on bail.
3. 3 Whether the risk of contracting Covid-19 in prison is a sufficient ground for bail pending appeal.

Ratio Decidendi

The court found that the appellant failed to demonstrate exceptional circumstances warranting release on bail or bond pending appeal. The medical records did not establish a chronic respiratory illness, and the court was not persuaded that the risk of contracting Covid-19 in prison was sufficient, given the effective measures implemented by the prison authorities. Additionally, the court held that there was insufficient material to assess the strength of the appeal, as the trial record was not yet available. The court also noted that the appellant could secure his release by paying the fine imposed by the trial court, with reimbursement available if the appeal succeeded. Consequently, the...

Court Disposition

application dismissed

Orders

• The application for bail or bond pending appeal is dismissed.
• The appellant may secure immediate release by paying the fine imposed by the trial court, subject to reimbursement if the appeal succeeds.