REPUBLIC v NAHASHON MURUNGI M’ITAYA [2008] KEHC 3722 (KLR)

Facts

The appellant was initially acquitted of assault causing grievous harm, but was later convicted and sentenced to four years imprisonment. The appellant seeks bail pending the hearing and determination of the appeal.

Issues

1. Whether the appeal has overwhelming chances of success
2. Whether the applicant is likely to serve the sentence before the appeal is heard
3. Whether the applicant's ill-health constitutes an exceptional or unusual circumstance

Reasoning

The court found that the appeal does not have overwhelming chances of success and that the applicant's sentence is not likely to be served before the appeal is heard. The applicant's ill-health was not considered an exceptional or unusual circumstance.

Outcome

The application for bail is dismissed.

Authorities cited