[2005] KEHC 2969 (KLR)
The court found that the applicant failed to provide any documentary evidence to support his claim of illness. The mere assertion of illness, without medical documentation, does not constitute sufficient grounds for granting bond pending appeal. The court therefore declined to grant bond but directed that the...
Source-derived case information.
- Citation
- [2005] KEHC 2969 (KLR)
- Parties
- Applicant: Stanley Mukunja Kihara; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 680 of 2004
- Procedural Posture
- Criminal Application / Ruling on Application for Bond Pending Appeal
- Outcome
- application dismissed; priority hearing date ordered
- Legal Topics
- Bail Pending Appeal, Robbery With Violence, Illness in Custody
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stanley Mukunja Kihara
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Application for Bond Pending Appeal
Legal Issues
- 1 Whether the applicant should be released on bond pending appeal on grounds of illness.
- 2 Whether the applicant is entitled to an early hearing date if bond is denied.
Ratio Decidendi
The court found that the applicant failed to provide any documentary evidence to support his claim of illness. The mere assertion of illness, without medical documentation, does not constitute sufficient grounds for granting bond pending appeal. The court therefore declined to grant bond but directed that the applicant be given a priority hearing date for his appeal.
Court Disposition
application dismissed; priority hearing date ordered
Orders
- The application for bond pending appeal is dismissed.
- The applicant to be given a hearing date in the registry on priority basis.
Full Case Text
Judgment text and source record
5 paragraphs
IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL DIVISION CRIMINAL APPLICATION NO.680 OF 2004 (From Original Criminal Case No.66 of 2004 of the Senior Principal Magistrate’s court at Kiambu). STANLEY MUKUNJA KIHARA………….………………..………….APPLICANT VERSUS REPUBLIC………………………………….………………………...RESPONDENT RULING
The applicant was charged with robbery with violence Contrary to Section 296(2) of Penal Code but was convicted under Section 296(1) and sentenced to serve 7 years imprisonment. He applies to be released on bond pending appeal on the ground of illness. The application is supported by sworn affidavit. He submitted that he contacted Tuberculosis while in prison and that he also suffers from ulcers.On the alternative he prays that if he cannot be released on bail, he be given an early hearing date.
I have considered the application and I do not find any merit in it. There are no documentary evidence supporting the application. However, I order that he be given a hearing date in the registry on priority basis.
Dated and delivered at Nairobi this 1st February, 2005.
J.L.A. OSIEMO JUDGE