<p class="ql-align-center">RULING</p><p>The notice of motion under Rule 5(2)(a) of the rules of this court raises the question whether the applicant, whose appeal to the High Court Nairobi against conviction and sentence of two years’ imprisonment was dismissed on September 30, 1986, should be admitted to bail pending the hearing and determination of his appeal.</p><p>The grounds of the application are that there is an overwhelming likelihood of success in the appeal, likelihood of the applicant having served a substantial part of the sentence prior to the hearing and decision of the appeal, the applicant suffers from ill health and his condition is likely to worsen unless he is released and the applicant has always been a person of good character.</p><p>There is an affidavit of the applicant’s advocate in support of the application.</p><p>We have considered all the points of law adumbrated by counsel for the applicant and by Mr Chunga for the Republic respondent.</p><p>There is not a great deal of local authority on this matter and for our part…</p>