( Application for bail pending appeal in an intended appeal from a conviction and sentence of the Senior Principal Magistrate, Kitale Law Courts delivered on the 15 th June 2026. )
RULING
1. The Applicant herein, Michael Wanjala Sirengo , was tried and convicted for the offence of Robbery with Violence contrary to section 295 as read with 296 (2) of the Penal Code and jailed to serve 30 years on 15 th June 2026.
2. The Applicant has filed an appeal being HCCRA No. E027 of 2026 . The appeal is awaiting formal admittance and setting down for hearing. He has now filed this application seeking that he be admitted to bail/bod pending appeal. In the Supporting Affidavit, the Applicant avers that his appeal has overwhelming chances of success, that he is a widower and his children and grandchildren will suffer in his absence and he will be of exceptional character for the duration of the hearing of the appeal.
3. The application is opposed by the Director of Public Prosecution and they have filed a Replying Affidavit dated 29 th July 2026 . They have averred that the Application has not met the conditions set out in case of Dominic Karanja vs Republic (1986) CECA 37 (KLR) and Somo v Republic [1972] EA 476 . In the cited cases, the courts have set the conditions to be met by the Applicant to include:
a. Overwhelming Success: The applicant must show the appeal is strong enough that an acquittal is very likely.
b. Exceptional Circumstances: Standard hardships like family stress or past good character do not qualify as special reasons for bail.
c. Health Concerns: Poor health alone is not enough, because prisons usually have medical care.
d. No Absconding Risk: A simple promise or surety that the person will not run away does not justify release on its own.
4. The court in the Dominic Karanja case had this to state about the conditions precedent to the application being granted:
“ The most important issue here is if the appeal has such overwhelming chances of success that there is no justification for depriving the applicant of his liberty. The minor relevant considerations would be whether there are exceptional or unusual circumstances. The previous good character of the applicant and the hardship, if any, facing the wife and children of the applicant are not exceptional or unusual factors ”.
5. Has the Applicant met the requirements, especially the core requirements for the orders to be granted? I note that save for the plain assertion that the appeal has overwhelming chances of success, no substantive grounds have been availed to support the assertion. It thus remains a mere assertion.
6. In addition, I note that the Applicant was charged with a serious offence. It is incumbent on the court to also consider the risk of the Applicant being able to attend court as required until the appeal is heard and concluded.
7. In that regard, I am of the view that it would be imprudent to allow the application to release the Applicant on bond pending appeal. I will instead direct that the Applicant fast-tracks the filing of their Record of Appeal and submissions and have the appeal disposed of expeditiously.
Dated, signed and delivered virtually via Microsoft Teams this 6 th Day of August 2026.
CR. MISC NO. E106 OF 2026 MICHAEL WANJALA SIRENGO VS REPUBLIC RULING Pg. 3
RULING
1. The Applicant herein, Michael Wanjala Sirengo , was tried and convicted for the offence of Robbery with Violence contrary to section 295 as read with 296 (2) of the Penal Code and jailed to serve 30 years on 15 th June 2026.
2. The Applicant has filed an appeal being HCCRA No. E027 of 2026 . The appeal is awaiting formal admittance and setting down for hearing. He has now filed this application seeking that he be admitted to bail/bod pending appeal. In the Supporting Affidavit, the Applicant avers that his appeal has overwhelming chances of success, that he is a widower and his children and grandchildren will suffer in his absence and he will be of exceptional character for the duration of the hearing of the appeal.
3. The application is opposed by the Director of Public Prosecution and they have filed a Replying Affidavit dated 29 th July 2026 . They have averred that the Application has not met the conditions set out in case of Dominic Karanja vs Republic (1986) CECA 37 (KLR) and Somo v Republic [1972] EA 476 . In the cited cases, the courts have set the conditions to be met by the Applicant to include:
a. Overwhelming Success: The applicant must show the appeal is strong enough that an acquittal is very likely.
b. Exceptional Circumstances: Standard hardships like family stress or past good character do not qualify as special reasons for bail.
c. Health Concerns: Poor health alone is not enough, because prisons usually have medical care.
d. No Absconding Risk: A simple promise or surety that the person will not run away does not justify release on its own.
4. The court in the Dominic Karanja case had this to state about the conditions precedent to the application being granted:
“ The most important issue here is if the appeal has such overwhelming chances of success that there is no justification for depriving the applicant of his liberty. The minor relevant considerations would be whether there are exceptional or unusual circumstances. The previous good character of the applicant and the hardship, if any, facing the wife and children of the applicant are not exceptional or unusual factors ”.
5. Has the Applicant met the requirements, especially the core requirements for the orders to be granted? I note that save for the plain assertion that the appeal has overwhelming chances of success, no substantive grounds have been availed to support the assertion. It thus remains a mere assertion.
6. In addition, I note that the Applicant was charged with a serious offence. It is incumbent on the court to also consider the risk of the Applicant being able to attend court as required until the appeal is heard and concluded.
7. In that regard, I am of the view that it would be imprudent to allow the application to release the Applicant on bond pending appeal. I will instead direct that the Applicant fast-tracks the filing of their Record of Appeal and submissions and have the appeal disposed of expeditiously.
Dated, signed and delivered virtually via Microsoft Teams this 6 th Day of August 2026.
CR. MISC NO. E106 OF 2026 MICHAEL WANJALA SIRENGO VS REPUBLIC RULING Pg. 3