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Emmanuel Ochieng Awuondo v. Republic

(2018) JELR 98369 (CA)

Court of Appeal  •  Criminal Appeal (Application) 156 of 2016  •  25 Oct 2018  •  Kenya

Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed



[1] This is an application by Emmanuel Ochieng’ Awuondo for bail pending appeal.

[2] The application is supported by the affidavit of the applicant who states, amongst other things, that, he was convicted by the Senior Resident Magistrate on 7th October, 2015 for the offence of trafficking in Narcotic and Psychotropic substances; that he appealed to the High Court but his appeal was dismissed; that he has filed Criminal Appeal No. 156 of 2016 in this Court which is pending for hearing; that he is suffering from acute leukemia and diabetes, and that his appeal has high chances of success.

[3] Mr. Mule, the respondent’s counsel opposed the application and submitted that the applicant has not demonstrated that his appeal is likely to succeed and that the applicant has not attached medical documents to his affidavit.

[4] The application was filed in Criminal Appeal No. 156 of 2016 where the applicant herein is the 1st appellant and one Isaac Ndira Osore the 2nd appellant.


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