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Kenya decisions
Decisions matching the current search
Olunya v Republic [2025] KEHC 4897 (KLR)
The High Court at Siaya dismissed an application for bail pending appeal, holding that the applicant had not shown exceptional or unusual circumstances.
Baffour v Republic [2024] KECA 520 (KLR)
The Court of Appeal held that the loss of the trial court file and the resulting delay in hearing the appellant's appeal did not automatically entitle the appellant to an acquittal. The court reaffirmed that, following conviction by a competent court, the presumption of innocence is lost and the burden shifts to the appellant to demonstrate error. The court must consider all circumstances, including who stands to benefit from the loss of the file and whether the interests of justice are best served by acquittal or retrial. In this case, there was no evidence that the appellant was responsible…
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Aduke v Republic [2023] KEHC 26412 (KLR)
The court held that the appellant had not demonstrated overwhelming chances of success in her appeal, nor had she established exceptional or unusual circumstances to justify bail pending appeal. The court found that her medical condition was being managed by the prison service and did not amount to an exceptional circumstance. The fact that she is a single mother and the sole breadwinner was also not considered exceptional. However, the court exercised its discretion in her favour due to the delay in being supplied with certified copies of proceedings and judgment from the lower court, which…
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Kihima v Republic [2022] KEHC 14823 (KLR)
The High Court at Eldoret granted bail pending appeal to Solomon Kihima after finding the appeal arguable and likely to succeed, despite rejecting health as an exceptional circumstance.
Davis Kipkoech v Republic [2021] KEHC 4751 (KLR)
The High Court at Bomet dismissed an application for bail pending appeal, holding that the applicant showed no exceptional circumstances or overwhelming prospects of success.
Kenneth Mutugi Kiobe v Republic [2021] KEHC 6153 (KLR)
The High Court at Kiambu dismissed an application for bail pending appeal after a defilement conviction, finding no overwhelming chance of success or exceptional circumstances.
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