ARJINDER SINGH BHARMA v REPUBLIC [2007] KEHC 2124 (KLR)

Facts

The applicant pleaded guilty to obtaining by false pretenses and was sentenced to three years imprisonment. He filed an appeal with high chances of success but was serving only two months of his sentence.

Issues

1. Whether the applicant's plea was equivocal.
2. Whether the applicant's medical condition constitutes an exceptional circumstance.
3. Whether the appeal has a high chance of success.

Reasoning

The court found that the applicant's plea was unequivocal and that the appeal was unlikely to succeed. The court also noted that the applicant's medical condition did not qualify as an exceptional circumstance due to the availability of medical facilities in prison.

Outcome

Application dismissed

Authorities cited