Ruling
1. I have heard the application dated 12.3.25 , the same seeks bond pending appeal . the prosecution have conceded to the same and supported the submissions by counsel for the appellant / applicant citing the age of the appellant as evidenced by the annexed Birth certificate indicating that he was 17 years and 11 months at the time of his sentence . Also that the sentence is 3 years and he is likely to serve the same before the appeal is heard.
2. The principles for granting bond pending appeal were laid down in the case of Jivraj Shah vs Republic [1986] KLR 605 where it was held ;-
a) The principal consideration in an application for bond pending appeal is the existence of exceptional or unusual
circumstances upon which the Court of Appeal can fairly conclude that it is in the interest of justice to grant bail.
b) If it appears prima facie from the totality of the circumstances that the appeal is likely to be successful on account of some substantial point of law to be argued and that the sentence or substantial part of it will have been served by the time the appeal is heard, conditions for granting bail exists.
c) The main criteria is that there is no difference between overwhelming chances of success and a set of circumstances which disclose substantial merit in the appeal which could result in the appeal being allowed and the proper approach is the consideration of the particular circumstances and weight and relevance of the points to be argued.
3. Also In the case of Dominic Karanja vs Republic [1986] KLR 612 the Court of Appeal held that:-
(a)The most important issue was that if the appeal had such overwhelming chances of success, there is no justification for depriving the applicant of his liberty and the minor relevant considerations would be whether there were exceptional or
i. unusual circumstances;
(b)The previous good character of the applicant and the hardships if any facing his family were not exceptional or unusual
ii. factors. Ill health per se would also not constitute exceptional circumstances where there existed medical facilities for
iii. prisoners;
iv. (c)A solemn assertion by an applicant that he will not abscond if released, even if it is supported by sureties, is not sufficient
v. ground for releasing a convicted person on bail pending appeal;
vi. Similarly in Peter Hinga Ngotho vs Republic [2015] eKLR it was held that the fact that the applicant did not breach the bail conditions.
4. I have perused the application , the cases of Jivraj and the Karanja cases (Supra) . It has been shown the applicant was a minor at the time he was sentence , he may serve the full term by the time the appeal is heard and it has also been shown that he is still a student . I have also seen the record of the lower court and note that he has no history of absconding while on bond .
5. I find that the applicant has established special circumstances to warrant granting of bond pending appeal . I proceed to allow the application and I admit the appellant to bond of Kshs 30,000/= with one surety in the like sum or cash bail Kshs 10,000/= .
6. Record of appeal be filed and served within 30 days from today.
7. Mention on 28.4.25 before DR for compliance .
T.A ODERA
JUDGE
27.3.25