High Court ruling on bail pending appeal in a defilement appeal, where the applicant relied on ill health and the court sought a prison medical report before deciding further.
The Court found that the applicant's appeal was not hopeless and raised a substantial point of law regarding whether the circumstantial evidence met the threshold for conviction, thus passing the prima facie test for bail pending appeal. The Court also determined that the applicant's ill health, supported by unchallenged medical evidence, constituted an exceptional circumstance in the context of this case, especially as there was no evidence that her condition could be adequately managed in prison. There was no indication that the applicant was a flight risk. Accordingly, the application sati…
Johnson Kobia M’ipwi v Republic [2018] KEHC 6393 (KLR)
Court
High Court
Case number
Criminal Appeal 38 of 2018
Judge
F Gikonyo
The High Court declined bail pending appeal, finding no exceptional circumstances from the appellant’s diabetes and no shown overwhelming success on appeal.
Clement Maina Njuguna v Republic [2017] KEHC 831 (KLR)
Court
High Court
Case number
Criminal Appeal 200 of 2017
Judge
RPV Wendoh
The High Court dismissed a motion for bail pending appeal, finding no overwhelming chance of success and no exceptional circumstance from the applicant’s ill health.
Christopher Kaburu v Republic [2016] KEHC 4173 (KLR)
Court
High Court
Case number
Criminal Appeal 3 of 2016
Judge
RPV Wendoh
High Court ruling at Meru granted bail pending appeal, finding the applicant might serve a substantial part of his sentence before the appeal is heard.
The High Court granted bail pending appeal, finding the appeal had overwhelming chances of success and that possible delay could make the sentence partly served before hearing.
High Court at Meru dismissed an application for bail pending appeal in a robbery with violence case, finding no exceptional circumstances or overwhelming chances of success.
The court found that the applicant's mental illness, as evidenced by unchallenged medical documentation, did not amount to an exceptional circumstance justifying release on bond pending appeal because the prison authorities were capable of ensuring he received appropriate treatment. The court further held that the applicant failed to demonstrate that his appeal had high chances of success, and therefore, the presumption of proper conviction stood. Consequently, the application for bond pending appeal was declined.