[2018] KEHC 7845 (KLR)

Parties

Procedural Posture

Criminal Appeal / Ruling on Application for Bail Pending Appeal

Legal Issues

1. 1 Whether the applicant has demonstrated exceptional circumstances to warrant grant of bail pending appeal.
2. 2 Whether the appeal has overwhelming chances of success.
3. 3 Whether the applicant's medical condition constitutes an exceptional circumstance justifying bail pending appeal.

Ratio Decidendi

The court held that the applicant had not demonstrated that his appeal had overwhelming chances of success or that there were exceptional circumstances to justify the grant of bail pending appeal. The applicant's medical condition, diabetes, was not considered exceptional as prison facilities are equipped to manage such illnesses. The court emphasized that bail pending appeal is only granted in rare cases where exceptional circumstances exist, and the mere existence of a medical condition without evidence that prison facilities are inadequate does not meet this threshold. Consequently, the application for bail pending appeal was dismissed, and the applicant was ordered to continue serving...

Court Disposition

application dismissed

Orders

• The application for bail pending appeal is dismissed.
• The appellant shall continue to serve the sentence pending the hearing and determination of the appeal.