REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA Criminal Appeal 88 of 2005 PAUL KAMAU MWAURA ……………………..……………..APPELLANT VERSUS REPUBLIC …………………………….……………………..RESPONDENT RULING ON BAIL APPLICATION The appellant has applied for bail under Section 356 and 257 of the Criminal Procedure Code Cap 75. The Appellant seeks orders to be admitted to bail pending appeal and that in the meantime, Stay of Execution be granted pending appeal. The application is supported by Affidavit of his advocate on the grounds that the appeal has high chances of success and Appellant is ready to attend court whenever required and that the health of appellant is deteriorating in Manyani due to congestion in the prison. That the offences convicted on are bailable and there is likelihood of delay in determining this appeal. The charge sheet shows charges under Section 357 (a) Penal code, Section 349 Penal Code, Section 353 Penal code Sec. 357 (a) Penal code Sec. 350 (1) Penal code forging Sec. 389 Penal Code. All the counts are eight. It is to be noted that the appellant is serving a sentence imposed by a court of law. Whereas he has a right of appeal, I have examined the grounds of appeal and find no overwhelming chances. In case of illness there are arrangements for the treatment of prisoners in every prison. In any case no evidence of the alleged illness is exhibited. Any irregularity in trial proceedings can be addressed only in the appeal and is not an overwhelming ground to grant bail. No authorities were referred but it is trite law that to warrant bail pending appeal, there must be special circumstances raised by the applicant and there must be overwhelming chances of success. The accused is convicted on 8 counts. We cannot say there is serious illness without seeing medical opinion. For these reasons I decline to grant bail. The application is dismissed. The application for Stay of Execution is rejected. The fines can always be refunded in case of success in appeal. Delivered and dated at Mombasa this 26th day of September 2005 J. KHAMINWA JUDGE
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.