Andika & 5 others v Republic (Criminal Appeal E247, E255, E264, E267 & E273 of 2024 (Consolidated)) [2025] KECA 1205 (KLR) (4 July 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1205
- Citation
- [2025] KECA 1205 (KLR)
- Decided
- 4 July 2025
The Court of Appeal ruled that there was merit in the arguments by the applicants that their appeal and intended appeals have high chances of success, and that there were exceptional circumstances warranting the grant of bail pending appeal.
Facts
The applicants were charged with the murder of a deceased, and were found guilty as joint offenders. There was evidence of four applicants sharing a table with the deceased, but no evidence linking them to poisoning the deceased's drink.
Issues
- Whether the applicants were convicted beyond reasonable doubt of the cause of death of the deceased.
- Whether there was sufficient evidence to establish a common intention to commit the crime among the applicants.
Reasoning
The Court considered the principles of bail pending appeal and the exceptional circumstances, including the high chances of success of the appeals and the evidence linking the applicants to the crime.
Outcome
The Court of Appeal granted the applications to be admitted to bail pending the hearing and determination of the appeal and intended appeals.
Orders
- To admit and/or grant the applicants bail/bond pending the hearing and determination of the appeal and intended appeals on terms as the Court sees fit.
- To grant a stay of execution of the conviction and sentence of the impugned judgment pending the hearing and determination of the appeal and intended appeals.
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Penal Code
Cases cited (4)
- Isaac Tulicha Guyo v. Republic (Crim. App. No. 16 of 2010)
- Dominic Karanja v Republic
- Jivraj Shah v Republic
- Epungure v Republic (Criminal Appeal E015 of 2021)
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