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Kenya decisions
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Kiiya & another v Republic [2025] KEHC 10258 (KLR)
High Court at Meru declined bail pending appeal for two convicted appellants, finding no exceptional circumstances or overwhelming chance of success.
Bett v Republic [2025] KEHC 9863 (KLR)
The High Court at Bomet granted the appellant bail on appeal in a murder case, setting bond or cash bail at Kshs. 500,000 with two sureties.
Andika & 5 others v Republic [2025] KECA 1205 (KLR)
Court of Appeal allowed consolidated bail pending appeal applications, finding exceptional circumstances and arguable circumstantial-evidence-based appeals, and set bond at KES 1 million each.
Simiyu v Republic [2025] KEHC 10390 (KLR)
The court found that the applicant had provided sufficient explanation for the failure to adduce certain evidence at trial, including evidence of a domestic relationship with the complainant and physical evidence supporting her defense. The court exercised its discretion under Section 358(1) of the Criminal Procedure Code and the principles in Elgood vs Regina, holding that the additional evidence sought was relevant, credible, and not previously available due to counsel's conduct. The court also found no prejudice to the respondent, who did not oppose the application. Accordingly, the court…
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Rono v Republic [2025] KEHC 9019 (KLR)
The court found that the applicant failed to demonstrate any exceptional or unusual circumstances that would justify the grant of bail pending appeal. The grounds advanced by the applicant, including alleged errors by the trial magistrate and reliance on evidence from relatives, did not meet the threshold established in precedent for bail pending appeal. The court emphasized that a mere assertion of high chances of success or compliance with previous bail conditions is insufficient. The court further noted that appeals are handled expeditiously and that the applicant should pursue the appeal…
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Njoroge v Republic [2025] KEHC 8845 (KLR)
The High Court dismissed an application for bail pending appeal, finding no exceptional circumstances, no proof of strong appeal prospects, and no likely prejudice from custodial delay.
Karanja v Republic [2025] KEHC 8765 (KLR)
High Court at Kajiado dismissed an application for bail pending appeal after conviction on a guilty plea, finding no exceptional circumstances or strong case shown.
Goko v Republic [2025] KEHC 8512 (KLR)
The court held that the applicant failed to demonstrate any exceptional or unusual circumstances to warrant the grant of bail pending appeal. The applicant's arguments regarding the illegality of the sentence on count II and the alleged duplicity of charges raised a point of law, but only in relation to one count and not the entirety of the conviction. The applicant's personal circumstances, such as being a first-time offender, sole breadwinner, and having a fixed abode, do not amount to exceptional circumstances as established by precedent. Furthermore, the applicant was sentenced to five ye…
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Wanjiku v Director of Public Prosecution [2025] KEHC 8454 (KLR)
The High Court found that the application for bond was prematurely filed because the trial court had not yet made a decision on the issue of bail, having ordered and received a pre-bail report that remained unconsidered. The trial court was not at fault for requesting a pre-bail report before making its determination, and the process was disrupted by the premature filing of the application before the High Court. The appropriate course of action was to refer the matter back to the trial court to consider and rule on the issue of bond, ensuring that the lower court's process was completed befor…
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Wafula v Republic [2025] KEHC 8184 (KLR)
The High Court at Bungoma dismissed an application for bail pending appeal, finding no exceptional circumstances and no convincing basis for success on appeal.
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