[2003] KEHC 287 (KLR)
The court found that the applicant's medical records only showed a one-time increase in epileptic fits and did not prove that the condition was a direct result of confinement. The applicant had regular access to medical facilities at Provincial General Hospital, Nakuru, and there was no evidence that his medical...
Source-derived case information.
- Citation
- [2003] KEHC 287 (KLR)
- Parties
- Applicant: Peterson Munene Mugo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 52 of 2003
- Procedural Posture
- Criminal Application / Application for Bail Pending Appeal
- Outcome
- application dismissed
- Legal Topics
- Bail Pending Appeal, Medical Conditions in Custody
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peterson Munene Mugo
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Bail Pending Appeal
Legal Issues
- 1 Whether the applicant should be granted bail pending appeal on medical grounds.
- 2 Whether the applicant's medical condition justifies release from custody.
Ratio Decidendi
The court found that the applicant's medical records only showed a one-time increase in epileptic fits and did not prove that the condition was a direct result of confinement. The applicant had regular access to medical facilities at Provincial General Hospital, Nakuru, and there was no evidence that his medical needs could not be met in custody. Additionally, the court was not satisfied that there were overwhelming chances of success in the pending appeal. Therefore, the application for bail pending appeal lacked merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application for bail bond pending appeal is dismissed.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL APPLICATION NO.52 OF 2003
PETERSON MUNENE MUGO……………………….APPLICANT
VERSUS
REPUBLIC…………………………………………..RESPONDENT
J U D G M E N T
The applicant PETERSON MUNENE MUGO has applied to be admitted to bail bond pending the hearing and determination of his appeal. H argued one ground that he suffers from Epilepsy and that the incidence of fits from the said disease had increased since his imprisonment. He further argued he lacked any person to assist him when he gets the fits and that he has been unable to get appropriate medication while in prison. He has annexed treatment notes from Provincial General Hospital Nakuru which shows an increase in the number of fits and the violence associated with them as of February, 2002. Nothing current was annexed. In his petition of appeal he has pleaded other grounds which I have considered.
The State Counsel has opposed the application. He submitted that his condition was not bound to change even if he was admitted to bail and further that medication was available at Provincial General Hospital. He further argued that the conviction was safe and therefore the appeal lacks in merit.
I have considered this application and submission made by both sides. Even though the medical record annexed to the applicant’s affidavit shows a one time increase in fits, there is no proof that these are a direct result of confinement.
It has been demonstrated by this medical record that the Applicant is accorded regular access to medical facilities at Provincial General Hospital, Nakuru. I do not see merit for admission to bail bond on the ground argued. Further I did scan through the court’s judgment and I am satisfied that there are no overwhelming chances of success of the pending appeal. On these grounds I will reject the application for bail bond and accordingly do dismiss it.
JESSIE LESIIT
JUDGE
Read, signed and delivered this 16th day of July, 2003.
In presence of
Applicant present in person.
Mr. Mutuku for State.
JESSIE LESIIT
JUDGE