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Criminal Law [2025] KEHC 3020 (KLR)

Karanja v Republic

Karanja v Republic [2025] KEHC 3020 (KLR)

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.

  • Bail Pending Appeal
  • Exceptional Circumstances
  • Ill Health In Prison
  • Sexual Offences
  • Prison Medical Facilities
  • Bail-pending-appeal
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Criminal Law [2024] KECA 1025 (KLR)

Kabuthi v Republic

Kabuthi v Republic [2024] KECA 1025 (KLR)

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…

  • Bail Pending Appeal
  • Exceptional Circumstances
  • Circumstantial Evidence
  • Ill Health In Prison
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Criminal Law [2018] KEHC 6393 (KLR)

Johnson Kobia M’ipwi v Republic

Johnson Kobia M’ipwi v Republic [2018] KEHC 6393 (KLR)

The High Court declined bail pending appeal, finding no exceptional circumstances from the appellant’s diabetes and no shown overwhelming success on appeal.

  • Bail Pending Appeal
  • Exceptional Circumstances
  • Ill Health In Prison
  • Sentence Appeal
  • Procedural Fairness
  • Bail-pending-appeal
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Criminal Law [2017] KEHC 831 (KLR)

Clement Maina Njuguna v Republic

Clement Maina Njuguna v Republic [2017] KEHC 831 (KLR)

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.

  • Bail Pending Appeal
  • Conviction On Plea Of Guilty
  • Sentencing
  • Exceptional Circumstances
  • Ill Health In Prison
  • Bail-pending-appeal
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Criminal Law [2016] KEHC 4173 (KLR)

Christopher Kaburu v Republic

Christopher Kaburu v Republic [2016] KEHC 4173 (KLR)

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.

  • Bail Pending Appeal
  • Discretion Of Court
  • Exceptional Circumstances
  • Likelihood Of Success
  • Ill Health In Prison
  • Bail-pending-appeal
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Criminal Law [2014] KEHC 117 (KLR)

Waithaka Mwangi v Republic

Waithaka Mwangi v Republic [2014] KEHC 117 (KLR)

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.

  • Bail Pending Appeal
  • Burden Of Proof
  • Exceptional Circumstances
  • Ill Health In Prison
  • Bail-pending-appeal
  • Burden-of-proof
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Criminal Law [2014] KEHC 7242 (KLR)

Munjia Michubu v Republic

Munjia Michubu v Republic [2014] KEHC 7242 (KLR)

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.

  • Bail Pending Appeal
  • Robbery With Violence
  • Exceptional Circumstances
  • Ill Health In Prison
  • Likelihood Of Success
  • Judicial Discretion
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Criminal Law [2011] KEHC 593 (KLR)

PETERSON MUTURI v REPUBLIC

PETERSON MUTURI v REPUBLIC [2011] KEHC 593 (KLR)

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.

  • Bail Pending Appeal
  • Exceptional Circumstances
  • Ill Health In Prison
  • Burden Of Proof On Applicant
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