Peter Kimathi v Republic (Criminal Appeal 97 of 2017) [2018] KEHC 7845 (KLR) (25 January 2018) (Ruling)
- Court
- High Court of Kenya
- Case number
- 7845
- Citation
- [2018] KEHC 7845 (KLR)
- Decided
- 25 January 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureApplication for Bail Pending AppealCoramA. MABEYA
Holding
The application for bail pending appeal is dismissed. The appellant shall continue to serve the sentence meted out pending the hearing and determination of this Appeal.
Facts
The applicant was convicted and sentenced to life imprisonment by the trial court on 31st August, 2018. He has appealed the conviction and is serving a sentence.
Issues
- Whether the applicant has demonstrated that his appeal has overwhelming chances of success.
- Whether the applicant's health condition, diabetes, is an exceptional circumstance for purposes of bail pending appeal.
Reasoning
The court found that the appeal has not demonstrated overwhelming chances of success and that the applicant's health condition is not an exceptional circumstance for purposes of bail pending appeal.
Outcome
Appeal dismissed
Orders
- The applicant shall continue to serve the sentence meted out pending the hearing and determination of this Appeal.
Authorities cited
Cases cited (2)
- Mutua v. Republic (1988) KLR 497
- Somo v. Republic (1972) EA 476
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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