[2003] KEHC 288 (KLR)
The court found that the applicant failed to provide any documentary evidence or medical records to substantiate his claim of hypertension or the alleged inability to receive adequate treatment in prison. Mere allegations without proof do not constitute sufficient grounds for the exercise of judicial discretion to...
Source-derived case information.
- Citation
- [2003] KEHC 288 (KLR)
- Parties
- Applicant: Peter Kiume Kairu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 51 of 2003
- Procedural Posture
- Criminal Application / Application for Bond Pending Appeal
- Outcome
- application refused
- Legal Topics
- Bail Pending Appeal, Medical Grounds for Bail
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Kiume Kairu
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Bond Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to bond pending appeal on the basis of alleged hypertension and inability to access adequate treatment in prison.
Ratio Decidendi
The court found that the applicant failed to provide any documentary evidence or medical records to substantiate his claim of hypertension or the alleged inability to receive adequate treatment in prison. Mere allegations without proof do not constitute sufficient grounds for the exercise of judicial discretion to grant bond pending appeal. The application was therefore refused.
Court Disposition
application refused
Orders
- The application for bond pending appeal is refused.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA ÁT NAKURU CRIMINAL APPLICATION NO.51 OF 2003
PETER KIUME KAIRU…………………………...APPLICANT VERSUS REPUBLIC………………………………………RESPONDENT
R U L I N G
The applicant has applied for bond pending appeal. He has given only one ground to his application that he was hypertensive and was unable to get appropriate treatment.
The State has opposed the application.
I have considered the application and grounds given. Nothing has been produced to this court to show that the applicant has any condition of hypertension as he has alleged. He brought no document whatsoever to show he has been treated for the condition. Nothing has been produced to show the severity of it or the inability to get adequate treatment.
I see no basis upon which to exercise my discretion in deciding whether or not to grant the application.
I find applicant made mere allegations that he was hypertensive and that he could not receive adequate treatment while in prison.
I find no grounds upon which to grant the bond pending appeal.
The application is refused.
JESSIE LESIIT
JUDGE
Read, signed and delivered this 9th day of Juy, 2003.
In presence of Mr. Mutuku for State
Applicant present in person.
JESSIE LESIIT
JUDGE