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Joseph Maina Kariuki v. Republic

(2011) JELR 100662 (CA)

Court of Appeal  •  Criminal Application 18 of 2010  •  8 Jul 2011  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Alnashir Ramazanali Magan Visram, Joseph Gregory Nyamu

Judgement

RULING OF THE COURT

In this notice of motion filed under Rule 5 (2) (a) of the Rules of this Court, the applicant, whose appeal to the superior court against conviction and death sentence for the offence of robbery with violence was dismissed on 29th July, 2003, now seeks to be admitted to bail pending the hearing and determination of his appeal.

The main grounds of the application are that there is a likelihood of success in this appeal; likelihood of the applicant having served a substantial part of the sentence prior to the hearing and determination of the appeal; the applicant suffers from ill health and requires a special home-made diet; and that the new Constitution of Kenya now allows persons convicted of any offence to be admitted to bail. There is an affidavit sworn by the applicant in support of the application.

Mr. E. Wetangula, learned counsel for the applicant, in arguing the above grounds, referred us to the case of Jivraj Shah v. Republic (1986) KLR 605 which sets out the …

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