Kenya Case Law

Rono v Republic

Rono v Republic [2025] KEHC 9019 (KLR)

Court

High Court

Case number

Criminal Appeal E010 of 2024

Judge

CM Kariuki

The court found that the applicant failed to demonstrate any exceptional or unusual circumstances that would justify the grant of bail pending appeal. The grounds advanced by the applicant, including alleged errors by the trial magistrate and reliance on evidence from relatives, did not meet the threshold established in precedent for bail pending appeal. The court emphasized that a mere assertion of high chances of success or compliance with previous bail conditions is insufficient. The court further noted that appeals are handled expeditiously and that the applicant should pursue the appeal…

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• Bail Pending Appeal
• Exceptional Circumstances
• Conviction Appeal
• Sentence Suspension

Owuor v Republic

Owuor v Republic [2025] KEHC 7335 (KLR)

Court

High Court

Case number

Criminal Appeal E078 of 2024

Judge

CW Meoli

High Court at Kajiado dismissed an application for bail pending appeal after conviction for defilement, finding no exceptional circumstances or overwhelming appeal prospects.

• Bail Pending Appeal
• Defilement Offence
• Standards Of Proof
• Exceptional Circumstances
• Sentence Suspension
• Bail-pending-appeal

Andika v Republic

Andika v Republic [2025] KEHC 6581 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Case E118 of 2024

Judge

S Mbungi

The High Court at Kakamega granted Bonface Andika bail pending appeal after finding his concern about serving the sentence before appeal hearing was valid.

• Bail Pending Appeal
• Discretionary Powers Of Court
• Exceptional Circumstances
• Sentence Suspension
• Bail-pending-appeal
• Criminal-procedure

Chepkechoi v Republic

Chepkechoi v Republic [2025] KEHC 5061 (KLR)

Court

High Court

Case number

Criminal Appeal E060 of 2024

Judge

JRA Wananda

The court held that while bail pending appeal is not a right but a discretionary remedy, it may be granted where exceptional or unusual circumstances exist and where the appeal demonstrates arguable grounds or overwhelming chances of success. In this case, the appellant's advanced age (75 years, unchallenged by the respondent), the likelihood of delay in hearing the appeal due to court backlogs, and the presence of arguable grounds in the appeal collectively constituted exceptional circumstances. The court emphasized that each case must be determined on its own facts and cautioned that advanc…

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• Bail Pending Appeal
• Defilement Offence
• Exceptional Circumstances
• Appellate Discretion
• Sentence Suspension

Muturi v Republic

Muturi v Republic [2025] KEHC 4466 (KLR)

Court

High Court

Case number

Criminal Case E029 of 2025

Judge

TW Ouya

Bail pending appeal is granted because the prosecution did not oppose the application, acknowledging that the appeal has overwhelming chances of success and that a substantial part of the sentence may be served before the appeal is determined, which could render the outcome nugatory.

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• Bail Pending Appeal
• Exceptional Circumstances
• Arguable Appeal
• Sentence Suspension

Njoroge v Republic

Njoroge v Republic [2025] KEHC 1859 (KLR)

Court

High Court

Case number

Criminal Appeal E035 of 2024

Judge

LN Mutende

The Appellant failed to demonstrate sufficient grounds, specifically overwhelming chances of success of the appeal or exceptional circumstances, to warrant the grant of bail pending appeal.

Source excerpt

• Bail Pending Appeal
• Exceptional Circumstances
• Medical Grounds
• Sentence Suspension

Ochieng v Republic

Ochieng v Republic [2025] KEHC 17222 (KLR)

Court

High Court

Case number

Criminal Appeal E044 of 2024

Judge

DK Kemei

The court held that the appellant failed to demonstrate any exceptional or unusual circumstances to justify the grant of bail pending appeal. The appellant's employment status, family responsibilities, and assertion of not being a flight risk do not meet the threshold for exceptional circumstances as established in precedent. The seriousness of the offences and the sentences imposed increase the risk of absconding. The court found it premature to assess the merits of the appeal at this stage and noted that the record of appeal was already available, allowing for expeditious disposal of the ap…

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• Bail Pending Appeal
• Exceptional Circumstances
• Right Of Appeal
• Presumption Of Innocence
• Sentence Suspension

Ochieng v Republic

Ochieng v Republic [2025] KEHC 2088 (KLR)

Court

High Court

Case number

Criminal Appeal E044 of 2024

Judge

DK Kemei

High Court at Siaya dismissed an application for bail pending appeal, holding that the appellant showed no exceptional circumstances warranting release.

• Bail Pending Appeal
• Exceptional Circumstances
• Right Of Appeal
• Presumption Of Innocence
• Sentence Suspension
• Bail-pending-appeal

Wairimu v Republic

Wairimu v Republic [2025] KECA 34 (KLR)

Court

Court of Appeal

Case number

Criminal Application E034 of 2024

Judges

AK Murgor, KI Laibuta, GWN Macharia

Bail pending appeal will not be granted unless the applicant demonstrates that their appeal has overwhelming chances of success or that there exist exceptional or unusual circumstances justifying the grant of bail, with previous good conduct and a promise to abide by conditions not being sufficient grounds.

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• Bail Pending Appeal
• Defilement Offences
• Standards For Bail
• Exceptional Circumstances
• Appellate Jurisdiction
• Sentence Suspension

Kitsao v Republic

Kitsao v Republic [2025] KEHC 95 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Application E052 of 2024

Judge

M Thande

Bail pending appeal will only be granted if the applicant demonstrates exceptional or unusual circumstances or a high probability of the appeal succeeding, which were not shown in this case.

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• Bail Pending Appeal
• Exceptional Circumstances
• Presumption Of Innocence
• Sentence Suspension