Kenya Case Law

Musa v Republic

Musa v Republic [2022] KEHC 13995 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Application E111 of 2022

Judge

JM Bwonwong'a

The court found that the applicant had not demonstrated exceptional or unusual circumstances based on his medical condition, as prison facilities could manage his diabetes and hypertension. However, upon reviewing the grounds of appeal, the court determined that the appeal had overwhelming chances of success, particularly regarding the conviction. The court emphasized that the main consideration for bail pending appeal is whether the appeal is likely to succeed to the extent that the sentence may be interfered with. Given the likelihood of success, the court exercised its discretion to grant…

Source excerpt

• Bail Pending Appeal
• Exceptional Circumstances
• Medical Conditions In Custody
• Overwhelming Chances Of Success

Sospeter Muchangi Ndwiga v Republic

Sospeter Muchangi Ndwiga v Republic [2016] KEHC 4259 (KLR)

Court

High Court

Case number

Criminal Appeal 49 of 2015

The court found that the applicant failed to demonstrate overwhelming chances of success in his appeal, as required for bail pending appeal. The applicant's medical condition, lack of a financially stable guardian, and personal circumstances, including the need to assist in a succession cause, did not amount to exceptional or unusual circumstances. The prison authorities confirmed adequate facilities to manage his medical needs. Therefore, the application for bail pending appeal was dismissed as the legal threshold was not met.

Source excerpt

• Bail Pending Appeal
• Exceptional Circumstances
• Medical Conditions In Custody

Stephen Njue Nyaga v Republic

Stephen Njue Nyaga v Republic [2016] KEHC 5764 (KLR)

Court

High Court

Case number

Criminal Appeal 45 of 2015

The court found that while the appellant suffers from an asthmatic condition and has been hospitalized, his condition is being properly managed by the prison medical staff, and he is exempted from exposure to dust and cold. The court accepted the clinical officer's report and the legal principle that personal hardships, including health issues, do not amount to exceptional circumstances justifying bail pending appeal. Additionally, the appellant failed to demonstrate that his appeal has overwhelming chances of success. Consequently, the application for bail pending appeal was dismissed.

Source excerpt

• Bail Pending Appeal
• Exceptional Circumstances
• Medical Conditions In Custody

James Macharia Wambui v Republic

James Macharia Wambui v Republic [2016] KEHC 6948 (KLR)

Court

High Court

Case number

Criminal Appeal 15 of 2015

Judge

BB Limo

The court found that the applicant failed to demonstrate exceptional or unusual circumstances to justify bail pending appeal. The court was not convinced that the appeal had overwhelming chances of success or that the applicant would serve a substantial part of his sentence before the appeal was heard. The applicant's medical condition was not sufficient ground for bail, as he was receiving medical attention in prison and there was no evidence he would be denied such care. The court concluded that the application did not meet the established criteria for bail pending appeal and therefore decl…

Source excerpt

• Bail Pending Appeal
• Defilement
• Sentencing
• Medical Conditions In Custody

Lucy Nyambura Marubu v Republic

Lucy Nyambura Marubu v Republic [2015] KEHC 1831 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Application 217 of 2015

The High Court granted bail pending appeal, finding an arguable challenge based on a defective charge sheet that may have prejudiced the applicant's defence.

• Bail Pending Appeal
• Defective Charge Sheet
• Exceptional Circumstances
• Medical Conditions In Custody
• Bail-pending-appeal
• Defective-charge-sheet

Republic v Francis Ngari Gitau

Republic v Francis Ngari Gitau [2013] KEHC 1729 (KLR)

Court

High Court

Case number

Criminal Case 44 of 2012

Judge

CC Kipkorir

The High Court dismissed a bid to review an earlier refusal of bail, holding that reasons had been given and no change in circumstances was shown.

• Bail Review
• Flight Risk
• Pretrial Detention
• Medical Conditions In Custody
• Bail-review
• Pretrial-detention

PETERSON MUNENE MUGO vs REPUBLIC

PETERSON MUNENE MUGO vs REPUBLIC [2003] KEHC 287 (KLR)

Court

High Court

Case number

? 52 of 2003

The High Court at Nakuru dismissed an application for bail pending appeal, finding no proven medical basis for release and no overwhelming chances of success on appeal.

• Bail Pending Appeal
• Medical Conditions In Custody
• Bail-pending-appeal
• Medical-grounds
• Epilepsy-in-custody
• Criminal-procedure

SIMON THUO vs REPUBLIC

SIMON THUO vs REPUBLIC [2001] KEHC 223 (KLR)

Court

High Court

Case number

? 417 of 2001

The High Court granted an application to expedite a criminal appeal, noting the applicant’s serious spinal injury, paralysis, and related medical disabilities.

• Attempted Robbery With Violence
• Expedited Hearing
• Appeal Procedure
• Medical Conditions In Custody
• Expedited-hearing
• Criminal-appeal-procedure