' REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT LODWAR
CRIMINAL APPEAL NO. E013 of 2025
MAJOK MIAKEI .........................................................................1 ST APPLICANT
KUOL MIAPER .......................................................................... 2 ND APPLICANT
ATEM DAU ................................................................................ 3 RD APPLICANT
EMMANUEL BOR ...................................................................... 4 TH APPLICANT
GIET BOL ................................................................................... 5 TH APPLICANT
NGOR ATEM ............................................................................. 6 TH APPLICANT
JUACH DENG ........................................................................... 7 TH APPLICANT
AKIM MAYOUL ......................................................................... 8 TH APPLICANT
VERSUS
REPUBLIC……………………………………..………………………...RESPONDENT
RULING
The court has perused the Notice of Motion seeking bail pending appeal and proceedings giving rise to the appeal. The court while not wholly persuaded that the appeal has overwhelming chances of success equally appreciates that the convicts are young persons and minors some of whom are due to sit end of year internal school examinations yet others are candidates for the National examinations.
It is equally appreciated that the appellants are refugees who were all along in custody and no special guarantee exists that if granted bond terms they will honour same. In fact, their counsel told the court as much when she proposed that the applicants be given cash bail as they may not raise sureties.
Having weighed all the circumstances, the order that commends itself to the court to meet the ends and interests of justice is that the prison authorities make every arrangement that would facilitate the candidates to be present at the examination centres on time and be availed necessary facilities to sit the examinations, whether national or school based.
The above order paves way for the appeal to be progressed t0owards closure. Let the counsel for the appellant compile and file a record of appeal as well as submissions within 14 days from today so that the ODPP equally files submissions within 14 days after service.
Mention on 11 th November, 2025 for further directions
Dated, signed and delivered Virtually this 14 th day of November 2025.
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IN THE HIGH COURT OF KENYA AT LODWAR
CRIMINAL APPEAL NO. E013 of 2025
MAJOK MIAKEI .........................................................................1 ST APPLICANT
KUOL MIAPER .......................................................................... 2 ND APPLICANT
ATEM DAU ................................................................................ 3 RD APPLICANT
EMMANUEL BOR ...................................................................... 4 TH APPLICANT
GIET BOL ................................................................................... 5 TH APPLICANT
NGOR ATEM ............................................................................. 6 TH APPLICANT
JUACH DENG ........................................................................... 7 TH APPLICANT
AKIM MAYOUL ......................................................................... 8 TH APPLICANT
VERSUS
REPUBLIC……………………………………..………………………...RESPONDENT
RULING
The court has perused the Notice of Motion seeking bail pending appeal and proceedings giving rise to the appeal. The court while not wholly persuaded that the appeal has overwhelming chances of success equally appreciates that the convicts are young persons and minors some of whom are due to sit end of year internal school examinations yet others are candidates for the National examinations.
It is equally appreciated that the appellants are refugees who were all along in custody and no special guarantee exists that if granted bond terms they will honour same. In fact, their counsel told the court as much when she proposed that the applicants be given cash bail as they may not raise sureties.
Having weighed all the circumstances, the order that commends itself to the court to meet the ends and interests of justice is that the prison authorities make every arrangement that would facilitate the candidates to be present at the examination centres on time and be availed necessary facilities to sit the examinations, whether national or school based.
The above order paves way for the appeal to be progressed t0owards closure. Let the counsel for the appellant compile and file a record of appeal as well as submissions within 14 days from today so that the ODPP equally files submissions within 14 days after service.
Mention on 11 th November, 2025 for further directions
Dated, signed and delivered Virtually this 14 th day of November 2025.
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