Rashid Shireku Akungwi v Republic
The bottom line
#Kenya's Court of Appeal confirmed that convicted persons only get bail pending appeal if they show exceptional circumstances or an overwhelmingly strong appeal.
What this practically means
#Executive summary
#Key legal issues
#Principles governing bail pending appeal
A convicted person must demonstrate exceptional or unusual circumstances, or that the appeal has overwhelming chances of success, to obtain bail pending appeal.
The court traced the settled principles from Somo v Republic, Lamba v R, Jivraj Shah and Dominic Karanja. Neither the applicant's assertion that he will not abscond, nor family hardship, nor personal and domestic matters constitute exceptional or unusual circumstances. The presumption of innocence, which informs pre-trial bail, is unavailable to a person convicted and whose conviction has been affirmed on first appeal.
Whether presumption of innocence is restored upon lodging an appeal
It is not; counsel's contention to that effect was rejected as contrary to first principles.
The court noted the applicant had been found guilty at a proper trial and his conviction affirmed by the High Court, and he was not contesting conviction. The presumption of innocence is a fundamental consideration only for pre-trial bail under Article 49(1); it does not apply with equal force to bail pending appeal.
Legal principles established
#- Bail pending appeal requires exceptional or unusual circumstances or overwhelming chances of success on appeal; the presumption of innocence does not apply to a convicted person seeking post-conviction bail.
Court orders
#- 1.The application for bail pending appeal is dismissed
- On appeal from
- High Court of Kenya at Kakamega
- HCCRA No. 16 of 2012
- Jurisdiction invoked
- Section 357 of the Criminal Procedure Code and Article 49(1) of the Constitution (as invoked by the applicant)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Rashid Shireku Akungwi v Republic", Case Analysis (2022). Criminal Application 81 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/175/eng@2022-02-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.