Kenya Case Law

Katu v Republic

Katu v Republic [2025] KECA 1295 (KLR)

Court

Court of Appeal

Case number

Criminal Appeal E065 of 2023

Judges

SG Kairu, AK Murgor, KI Laibuta

The Court of Appeal found that the appellant had provided valid, clear, plausible, and satisfactory reasons for the delay in filing his appeal, including the impact of the COVID-19 pandemic, his incarceration, lack of access to paralegals, and the delay in obtaining a copy of the judgment. The court held that these reasons constituted good cause under Section 349 of the Criminal Procedure Code and that the learned High Court Judge erred in failing to exercise judicial discretion in the appellant's favour. The court emphasized that the law does not prescribe a minimum or maximum period of dela…

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• Extension Of Time
• Appeals Process
• Judicial Discretion
• Covid19 Impacts

Republic v Naomi Nechesa Sanya & Faith Kananu

Republic v Naomi Nechesa Sanya & Faith Kananu [2020] KEHC 5215 (KLR)

Court

High Court

Case number

Criminal Case 10 of 2019

Judge

J Wakiaga

The court found that the accused persons had demonstrated a change in circumstances since the original bond terms were set, particularly due to the prolonged pretrial detention exacerbated by the Covid-19 pandemic and their inability to raise the amounts previously ordered. The court emphasized that bail should not be set at a level that is effectively punitive or results in pretrial detention solely due to financial incapacity. The court relied on constitutional and statutory provisions, as well as policy guidelines and relevant case law, to conclude that the bond terms should be reviewed to…

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• Bail Review
• Pretrial Detention
• Constitutional Rights
• Covid19 Impacts

Republic v William Lopolian & 5 others

Republic v William Lopolian & 5 others [2020] KEHC 6035 (KLR)

Court

High Court

Case number

Criminal Case 8 of 2019

Judge

CC Kipkorir

The High Court reviewed an earlier denial of bond in a murder case, citing Covid-19 as a new circumstance, and released the accused on stringent bail conditions.

• Bail And Bond
• Pretrial Detention
• Witness Protection
• Covid19 Impacts
• Bail-and-bond
• Pretrial-detention