[2010] KEHC 580 (KLR)
The court found that the appellant's circumstances, including having young children and minor health issues, did not amount to exceptional or unusual circumstances justifying bail pending appeal. The court was not convinced that the appeal had overwhelming chances of success after reviewing the lower court record....
Source-derived case information.
- Citation
- [2010] KEHC 580 (KLR)
- Parties
- Appellant: Rodah Juma Nanjala; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 100 of 2010
- Procedural Posture
- Criminal Appeal / Ruling on Bail Pending Appeal
- Outcome
- Application for bail pending appeal and suspension of sentence declined.
- Judges
- FN Muchemi
- Legal Topics
- Bail Pending Appeal, Exceptional Circumstances, Child Welfare in Sentencing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rodah Juma Nanjala
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the appellant should be granted bail pending appeal.
- 2 Whether the appellant's circumstances amount to exceptional or unusual circumstances justifying bail.
- 3 Whether the sentence should be suspended due to the appellant's health and family situation.
Ratio Decidendi
The court found that the appellant's circumstances, including having young children and minor health issues, did not amount to exceptional or unusual circumstances justifying bail pending appeal. The court was not convinced that the appeal had overwhelming chances of success after reviewing the lower court record. The appellant's medical conditions were minor and treatable within the prison system. The court acknowledged the tender age of the children but determined that this factor alone did not warrant granting bail or suspending the sentence. However, the court directed that the appeal be given priority in hearing due to the children's age.
Court Disposition
Application for bail pending appeal and suspension of sentence declined.
Orders
- Application for bail pending appeal is declined.
- Application for suspension of sentence is declined.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLICOFKENYA
IN THE HIGH COURT
AT BUNGOMA
CRIMINAL APPEAL NO.100 OF 2010
RODAH JUMA NANJALA:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: APPELLANT
~VRS~
REPUBLIC:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: RESPONDENT
RULING
The Appellant Rhoda Juma Wanjala in her application dated20/9/2010 seeks for orders that:
a)That she be granted bail pending appeal; and;
b)That the sentence of two (2) years imprisonment be suspended.
The grounds supporting the application is that the Applicant has three (3) young children aged between 1 ½ and 6 years who need motherly care. The second ground is that the Applicant is sickly and thirdly that her appeal has high chances of success. Mr. Situma presented the application and argued the grounds in support.
The state opposed the application. Mrs. Leting argued that the appeal does not have high chances of success. The Applicant’s husband can take care of the children while the Applicant serves the imprisonment sentence. In prison, the youngest child will get facilities and should stay with the mother as she serves sentence. Medical facilities are available in prison and the Applicant can make use of them as she is already doing.
I have perused the proceedings and the judgment of the lower court.In the case cited by the Applicant SOMO –VS-REPUBLICNAIROBIHCCA NO.105 OF 1972 the court held that the most important ground is that the appeal has overwhelming chances of success. I am not convinced that in this case the chances are overwhelming. This is after perusing the record of the lower court. The appeal has chances of success but they cannot be referred to as overwhelming. The medical records show that the Applicant was admitted in hospital for two (2) days in august 2010 suffering from minor ailments of pain, fever, headache and nausea. These conditions are treatable in the prison clinic and at Bungoma Hospital or Kakamega District Hospital where she may be referred if need arises.
The Applicant relied on two decided cases. In that of CHIMAMBHAI –VS- REPUBLIC (NO.2) MOMBASA HCCA NO.156 of 1969 the court held that anticipated delay in hearing the appeal together with other factors could constitute a good ground for granting bail pending appeal. In the case before me, other factors have been dealt with. The issue of delay will be addressed by giving priority to hearing of this matter especially due to the tender age of the children.
I find no exceptional or unusual circumstances in this application. I decline to grant the orders sought for the foregoing reasons.
Due to the tender age of the children, I hereby admit this appeal and direct that it be fixed for hearing on priority basis.
F. N. MUCHEMI
JUDGE
Judgment dated and delivered at Bungoma this 1st day of November, 2010. In the presence of Mr. Situma for the Applicant and the State Counsel Mrs. Leting.
F. N. MUCHEMI
JUDGE