1. The appellant by way of a Notice of Motion dated 17 th August 2026moved this court for the grant of bail pending appeal.
2. The application was supported by an affidavit sworn by SAMUEL KAMAU KARANJA.
3. The applicant at the hearing of the appeal argued that the appeal has overwhelming chances of success on the issue of sentence.
4. The applicant indicated to the court that he would only be challenging the sentence and not the conviction.
5. The applicant further argued that there are exceptional circumstances in this matter warranting his release on bail pending appeal.
6. The exceptional circumstance being ill health. The condition afflicting the appellant was said to be one that cannot be attended to at the prison facility thus the cry for release on bail pending appeal.
7. The prosecution through Mr. Mogere prosecution Counsel did not oppose the application.
8. Counsel for the state informed the court that he had gone through the record and since he did not have any expert opinion to contradict the medical documents adduced by the appellant, he was inclined to leave the matter to the court to exercise its discretion and consider whether or not to grant bail pending appeal.
9. Counsel referred the court to the case of somo v. Republic [1972] EA 476 for guidance on the issue of bail pending appeal.
10. This court has considered the sentencing notes by the learned trial magistrate and curiously noted that the offence is said to have occurred as a result of flooding following heavy rains that pounded the city and the probation officer in his report considering the circumstances surrounding the incident recommended a non -custodial sentence but the trial court though otherwise and imposed a custodial sentence.
11. The prosecution Counsel also pointed the court to that very fact as an important matter for the court to consider when it finally hears the appeal on sentence.
12. In considering an application for bail pending appeal the court should principally consider whether the appeal has overwhelming chances of success and or whether there are exceptional circumstances to warrant the release of the appellant on bail pending appeal since the presumption of innocence is lost once a conviction is entered.
13. The Court of Appeal in the case of Jivraj Shah -vs- Republic [1986] KLR 605, held as follows: -
“… If it appears prima facie from the totality of the circumstances that the appeal is likely to be successful on an account of some substantial point of law to be urged, and the sentence or substantial part of it, will have been served by the time the appeal is heard, conditions for granting bail will exist.”
14. Also, in Dominic Karanja v. Republic [1986] KLR 612 the it was held: -
“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: see Somo v. Republic [1972] EA 476. A solemn assertion by an applicant that he will not abscond if he is released is not sufficient ground, even with support of sureties, for releasing a convicted person on bail pending appeal .”
15. This court guided by the above quoted authorities finds that there are indeed overwhelming chances of success of the appeal on sentence and there indeed are exceptional circumstances on health grounds since the report from the prison doctor indicates that in order to manage his condition there is need for a multi-disciplinary approach involving comprehensive medical care, regular follow up and close monitoring to prevent further deterioration and progression of complications. The court has not been told of the availability of such care at the prison.
16. Accordingly, this court is inclined to admit the appellant to bail pending appeal. The appellant shall be released on a bond of Ksh.500,000 or in the alternative cash bail in the sum of KSh 200,000.
17. It is so ordered.
2. The application was supported by an affidavit sworn by SAMUEL KAMAU KARANJA.
3. The applicant at the hearing of the appeal argued that the appeal has overwhelming chances of success on the issue of sentence.
4. The applicant indicated to the court that he would only be challenging the sentence and not the conviction.
5. The applicant further argued that there are exceptional circumstances in this matter warranting his release on bail pending appeal.
6. The exceptional circumstance being ill health. The condition afflicting the appellant was said to be one that cannot be attended to at the prison facility thus the cry for release on bail pending appeal.
7. The prosecution through Mr. Mogere prosecution Counsel did not oppose the application.
8. Counsel for the state informed the court that he had gone through the record and since he did not have any expert opinion to contradict the medical documents adduced by the appellant, he was inclined to leave the matter to the court to exercise its discretion and consider whether or not to grant bail pending appeal.
9. Counsel referred the court to the case of somo v. Republic [1972] EA 476 for guidance on the issue of bail pending appeal.
10. This court has considered the sentencing notes by the learned trial magistrate and curiously noted that the offence is said to have occurred as a result of flooding following heavy rains that pounded the city and the probation officer in his report considering the circumstances surrounding the incident recommended a non -custodial sentence but the trial court though otherwise and imposed a custodial sentence.
11. The prosecution Counsel also pointed the court to that very fact as an important matter for the court to consider when it finally hears the appeal on sentence.
12. In considering an application for bail pending appeal the court should principally consider whether the appeal has overwhelming chances of success and or whether there are exceptional circumstances to warrant the release of the appellant on bail pending appeal since the presumption of innocence is lost once a conviction is entered.
13. The Court of Appeal in the case of Jivraj Shah -vs- Republic [1986] KLR 605, held as follows: -
“… If it appears prima facie from the totality of the circumstances that the appeal is likely to be successful on an account of some substantial point of law to be urged, and the sentence or substantial part of it, will have been served by the time the appeal is heard, conditions for granting bail will exist.”
14. Also, in Dominic Karanja v. Republic [1986] KLR 612 the it was held: -
“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: see Somo v. Republic [1972] EA 476. A solemn assertion by an applicant that he will not abscond if he is released is not sufficient ground, even with support of sureties, for releasing a convicted person on bail pending appeal .”
15. This court guided by the above quoted authorities finds that there are indeed overwhelming chances of success of the appeal on sentence and there indeed are exceptional circumstances on health grounds since the report from the prison doctor indicates that in order to manage his condition there is need for a multi-disciplinary approach involving comprehensive medical care, regular follow up and close monitoring to prevent further deterioration and progression of complications. The court has not been told of the availability of such care at the prison.
16. Accordingly, this court is inclined to admit the appellant to bail pending appeal. The appellant shall be released on a bond of Ksh.500,000 or in the alternative cash bail in the sum of KSh 200,000.
17. It is so ordered.