[2025] KEHC 4897 (KLR)

[2025] KEHC 4897 (KLR)

The court held that the applicant, having been convicted, does not enjoy the presumption of innocence and must demonstrate exceptional or unusual circumstances to justify bail pending appeal. The applicant's assertions of ill health were unsupported by medical evidence, and claims of good character or family hardship do not meet the threshold for exceptional circumstances. The court further found that the appeal could be heard expeditiously, so there was no risk of the applicant serving a substantial part of the sentence before determination. Consequently, the applicant failed to establish grounds for bail pending appeal, and the application was dismissed.

Citation
[2025] KEHC 4897 (KLR)
Parties
Applicant: Jacktone Omondi Olunya; Respondent: Republic
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Judgment Date
25 April 2025
Case Number
Criminal Appeal E054 of 2024
Procedural Posture
Criminal Appeal / Ruling on Application for Bail Pending Appeal
Outcome
application dismissed
Judges
DK Kemei
Legal Topics
Bail Pending Appeal, Exceptional Circumstances Test, Presumption of Innocence Post Conviction, Expeditious Appeal Hearing
Source Language
English
Criminal Law Civil Procedure Bail Pending Appeal Exceptional Circumstances Test Presumption of Innocence Post Conviction Expeditious Appeal Hearing

Case Brief

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Parties

Jacktone Omondi Olunya

Applicant

Republic

Respondent

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's health condition justifies release on bail pending appeal.
  3. 3 Whether the appeal has overwhelming chances of success to justify bail pending appeal.

Ratio Decidendi

The court held that the applicant, having been convicted, does not enjoy the presumption of innocence and must demonstrate exceptional or unusual circumstances to justify bail pending appeal. The applicant's assertions of ill health were unsupported by medical evidence, and claims of good character or family hardship do not meet the threshold for exceptional circumstances. The court further found that the appeal could be heard expeditiously, so there was no risk of the applicant serving a substantial part of the sentence before determination. Consequently, the applicant failed to establish grounds for bail pending appeal, and the application was dismissed.

Court Disposition

application dismissed

Orders

  • The application dated 26/11/2024 for bail pending appeal is dismissed.
  • Parties are directed to set down the appeal on a priority basis.