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Kenya decisions
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Calvins Owino Ochieng v Republic [2017] KEHC 10141 (KLR)
The High Court dismissed an application for bail pending appeal, finding no exceptional circumstances, no medical proof, and no basis to assess the appeal’s success.
Dennis Dena Mwaringa v Republic [2017] KEHC 6880 (KLR)
The High Court at Mombasa granted bail pending appeal to a convicted appellant, finding his appeal arguable and that he was unlikely to abscond.
Paul Wachira Nderitu v Republic [2017] KEHC 8210 (KLR)
The High Court at Nanyuki dismissed an application for bail pending appeal, finding no strong prospect of success, no exceptional circumstances, and no likely delay.
Muchoki Muriuki & Peter Ngotho Nduati v Republic [2016] KEHC 2193 (KLR)
The principal consideration for granting bail pending appeal is the existence of exceptional or unusual circumstances, such as a likelihood of success in the appeal or anticipated delay in hearing. In this case, the court found that there is no delay in the Nanyuki High Court and the appeal has already been admitted for hearing, with the only impediment being the availability of counsel. The appellants did not demonstrate any exceptional or unusual circumstances justifying bail. Therefore, the application for bail pending appeal was dismissed as the court is ready and able to hear the appeal…
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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.
Dominic Mwamiso Mwachofi v Republic [2015] KEHC 621 (KLR)
The court found that the applicant had not demonstrated any exceptional or unusual circumstances to justify the grant of bail pending appeal. The court noted that the most important consideration is whether the appeal has overwhelming chances of success, and upon review of the record, found no irregularity or feature in the trial process that would predispose the appeal to likely success. The court also determined that there was little likelihood that the applicant would serve the full sentence before the appeal is heard and determined. Consequently, the application for bail pending appeal wa…
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Farid Keya Wangara v Republic [2015] KEHC 5232 (KLR)
High Court granted bail pending appeal after finding the appeal arguable. Family hardship and illness were not exceptional circumstances, but the trial judgment raised doubt on conviction.
Halkano Mata Bagaja v Republic [2015] KEHC 5615 (KLR)
The court held that the applicant failed to demonstrate that his appeal had overwhelming chances of success, which is the primary consideration for granting bail pending appeal. The court reviewed the trial proceedings and found no exceptional or unusual circumstances to justify release. The short period already served and the readiness of the record of appeal indicated that the applicant was unlikely to serve a substantial part of the sentence before the appeal was heard. Therefore, the application for bail pending appeal was declined.
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Jacinta Nyawira Ndirangu v Republic [2014] KEHC 141 (KLR)
The High Court at Nakuru granted the appellant bail pending appeal, finding the appeal had overwhelming chances of success and exceptional circumstances existed.
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.
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