RULING
1. The appellant, Salim Awath Salim has moved this court vide a Notice of Motion dated 4th May 2026, wherein he craves for his release on bail pending the hearing and determination of his appeal herein. The application is premised on the provisions of article 49 (1) (h). 50 (2) (q), 51 of the Constitution of Kenya 2010 and section 375 of the criminal Procedure Code Chapter 75 Laws of Kenya.
2. In the affidavit sworn on 4.5.2026 by the appellant in support of his application, he deposes that he was convicted on 4.5.2026 by the trial court and was sentenced to a custodial term of 2 years without any option of a fine. He further deposes the he is of ill health, as he suffers from diabetes, asthma and blood pressure and that he has been on treatment prior to his conviction and sentence.
3. It is the appellant’s case that he is a family man and the sole breadwinner of his family. Further the complaint that informed the case before the trial court was a spill over of Tononoka Law Court Children Case No 107 of 2018; Salim Awardh Salim Versus Grace Mureith Muiruri aka Warda Muiruri.
4. Whereas the state was duly served with the appellant’s said application, it has not responded thereto and Ms Kariuki for the state has conceded to the same on grounds that the subject matter involves children.
5. Premised upon the concession made by the respondent, the appellant’s ill health and the possibility of expiry of his sentence prior to the hearing and determination of the appeal herein, I do hereby allow this application and I thus make the following orders:
i) The appellant is hereby admitted to bail of Kshs 500,000 and one surety of a similar amount.
Delivered, Signed and Dated at Makadara this 25Th day of May 2026.
M.S. Shariff
Judge
In the presence of:
Mr Anaya for the Appellant
Ms Kariuki for the Respondent
Appellant
1. The appellant, Salim Awath Salim has moved this court vide a Notice of Motion dated 4th May 2026, wherein he craves for his release on bail pending the hearing and determination of his appeal herein. The application is premised on the provisions of article 49 (1) (h). 50 (2) (q), 51 of the Constitution of Kenya 2010 and section 375 of the criminal Procedure Code Chapter 75 Laws of Kenya.
2. In the affidavit sworn on 4.5.2026 by the appellant in support of his application, he deposes that he was convicted on 4.5.2026 by the trial court and was sentenced to a custodial term of 2 years without any option of a fine. He further deposes the he is of ill health, as he suffers from diabetes, asthma and blood pressure and that he has been on treatment prior to his conviction and sentence.
3. It is the appellant’s case that he is a family man and the sole breadwinner of his family. Further the complaint that informed the case before the trial court was a spill over of Tononoka Law Court Children Case No 107 of 2018; Salim Awardh Salim Versus Grace Mureith Muiruri aka Warda Muiruri.
4. Whereas the state was duly served with the appellant’s said application, it has not responded thereto and Ms Kariuki for the state has conceded to the same on grounds that the subject matter involves children.
5. Premised upon the concession made by the respondent, the appellant’s ill health and the possibility of expiry of his sentence prior to the hearing and determination of the appeal herein, I do hereby allow this application and I thus make the following orders:
i) The appellant is hereby admitted to bail of Kshs 500,000 and one surety of a similar amount.
Delivered, Signed and Dated at Makadara this 25Th day of May 2026.
M.S. Shariff
Judge
In the presence of:
Mr Anaya for the Appellant
Ms Kariuki for the Respondent
Appellant