Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
Court of AppealDismissedCriminal Application No. E070 of 2024· [2025] KECA 722 (KLR)

Appeal At Kisumu v Republic

Court of Appeal of Kenya
25 April 2025
HOH. A. OmondiLKL. KimaruAMA. O. Muchelule
1,173 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~5 min to read original · ~4 min brief

The bottom line

#

The Court of Appeal confirmed that being on good behaviour during your trial is not enough to win bail pending appeal in Kenya.

What this practically means

#

Executive summary

#
The applicant, Samuel Oulula Wanguba, was convicted of manslaughter by the High Court at Bungoma (Riechi, J.) and sentenced to five years' imprisonment after initially being charged with murder alongside three others. He filed an intended appeal and moved the Court of Appeal at Kisumu by Notice of Motion dated 22nd July 2024 seeking admission to bail pending the hearing and determination of his appeal. The respondent did not oppose the application, noting that the applicant had been on bond during the trial and had neither absconded nor breached the bond terms. The court, comprising Omondi, Kimaru and Muchelule, JJ.A., restated the settled principles governing bail pending appeal: bail is discretionary, there is no constitutional entitlement to it since the presumption of innocence lapses upon conviction, and the applicant must demonstrate exceptional or unusual circumstances together with an appeal having overwhelming chances of success on a substantial point of law. Drawing on Isaac Tulicha Guyo, Jivraj Shah, Dominic Karanja and Peter Hinga Ngotho, the court accepted that substantial issues arose on appeal but held that this alone did not meet the threshold; the applicant's diligent attendance at trial was not an exceptional circumstance. The application was dismissed on 25th April 2025. No costs order was made, and the decision does not disturb the conviction or sentence, which remain subject to the pending appeal.

Key legal issues

#
01

Threshold for bail pending appeal

Holding

The applicant must demonstrate exceptional or unusual circumstances and, in addition, that the appeal has overwhelming chances of success; substantial issues to be argued on appeal alone do not meet the threshold.

Reasoning

The court restated the principles from Jivraj Shah and Dominic Karanja: exceptional or unusual circumstances must exist such that it is in the interest of justice to grant bail; the appeal must prima facie be likely to succeed on a substantial point of law; and the sentence or a substantial part of it should have been served by the time the appeal is heard. Although satisfied there were substantial issues on appeal, the court found the applicant's conduct during trial was the only circumstance relied on and it did not qualify as exceptional.

p. 9

Legal principles established

#
  • Bail pending appeal is discretionary and will only be granted in rare and exceptional circumstances; a convicted person bears the burden of showing the conviction was wrong
  • There is no constitutional entitlement to bail pending appeal; the presumption of innocence under Article 49(h) ends upon conviction
  • Compliance with bail terms during trial is not an exceptional circumstance justifying bail pending appeal

Court orders

#
  1. 1.The Notice of Motion dated 22nd July 2024 seeking bail pending appeal is dismissed
On appeal from
High Court of Kenya at Bungoma
HCCRC No. 17 of 2016
Jurisdiction invoked
Rule 5(2)(a) of the Court of Appeal Rules (bail pending appeal in criminal proceedings)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Appeal At Kisumu v Republic", Case Analysis (2025). Criminal Application No. E070 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/722/eng@2025-04-25

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.