[2010] KEHC 466 (KLR)
The court found that the applicant failed to demonstrate exceptional circumstances to justify the grant of bail pending appeal. The medical evidence provided was outdated and unrelated to the claimed ailments, and there was no documentary proof of admission to a Master’s programme. The court emphasized that bail...
Source-derived case information.
- Citation
- [2010] KEHC 466 (KLR)
- Parties
- Applicant: Robert Wanjala Munyenye; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application 45 of 2010
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Bail Pending Appeal
- Outcome
- application dismissed
- Legal Topics
- Bail Pending Appeal, Exceptional Circumstances, Conviction and Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Wanjala Munyenye
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the applicant has demonstrated exceptional circumstances to warrant grant of bail pending appeal.
- 2 Whether the applicant's medical condition and educational pursuits constitute exceptional circumstances.
Ratio Decidendi
The court found that the applicant failed to demonstrate exceptional circumstances to justify the grant of bail pending appeal. The medical evidence provided was outdated and unrelated to the claimed ailments, and there was no documentary proof of admission to a Master’s programme. The court emphasized that bail pending appeal is only granted in exceptional cases due to the increased risk of absconding after conviction. As the applicant did not meet the threshold for exceptional circumstances, the application was dismissed.
Court Disposition
application dismissed
Orders
- The application for bail pending appeal is dismissed.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA
AT ELDORET
CRIMINAL MISC. NO. 45 OF 2010
ROBERT WANJALA MUNYENYE ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::APPLICANT
=VERSUS=
REPUBLIC :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: RESPONDENT
RULING
The applicant, Robert Wanjala Munyenye was convicted of stealing a motor vehicle Contrary to Section 278 (a) of the Penal Code and sentenced to serve five (5) years imprisonment in Eldoret Chief Magistrate’s Court Criminal Case Number 7079 of 2009. He now applies for bail pending his appeal. In his supporting affidavit sworn on 5/10/2010, he avers that he has back pain, peptic ulcers and hypertension; that he was to commence a Master’s Degree programme at Moi University this year but cannot do so because of his continued detention and that his appeal has high chances of success.
The application was canvassed before me on 4/11/2010 by the applicant in person and Mr. Oluoch learned counsel for the state. The applicant reiterated the averments in his supporting affidavit and urged me to release him on bail pending the hearing and determination of his appeal.
Mr. Oluoch opposed the application contending that there were no exceptional circumstances to warrant the release of the applicant on bail pending his appeal.
I have considered the application, the supporting affidavit and submissions made to me. Having done so, I take the following view of the matter. Both the applicant and the learned counsel for the state acknowledge that bail pending appeal may only be granted in exceptional cases. There is good reason for the practice because the temptation to abscond is real after conviction. The applicant has based his application on the grounds that he suffers from certain ailments and that prison would compromise his health and further that he desires to pursue his Master’s programme at Moi University. In support of the said medical condition, the applicant has exhibited a copy of a document titled “Discharge Summary” issued by Mariakani Cottage Hospital Limited. The discharge was however on 15/11/2007 and the cause of his admission is given as injuries sustained after an attack by thugs. That document, with all due respect, cannot support the applicant’s claim that he suffers from back, peptic ulcers and hypertension.
With respect to alleged admission to a Master’s Degree programme at Moi University, no documentary evidence has been exhibited in support of the same.
The applicant has, in the premises, not demonstrated exceptional circumstances. This application is accordingly dismissed.
It is so ordered.
DATED AND DELIVERED AT ELDORET THIS 2ND DAY OF DECEMBER 2010.
F. AZANGALALA
JUDGE
Read in the presence of:
Mr. Oluoch and the applicant in person.
F. AZANGALALA
JUDGE
2/12/2010