Ephraim Kinyua Waweru v Republic [2004] KEHC 1240 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CRIMINAL DIVISION

MISC. CRIMINAL APPL. NO. 241 OF 2004

EPHRAIM KINYUA WAWERU.……………………………..APPLICANT

VERSUS

REPUBLIC ……………………..…………………………..RESPONDENT

R U L I N G

The Applicant herein, EPHRAIM KINYUA WAWERU, seeks bond pending his Appeal. No. 71 of 2004. The basis of his Application is: -

1) That he has overwhelming chances of the Appeal succeeding.

Learned counsel for the State MR. OGETII did not agree that his Appeal had overwhelming chances of success. On my part I have perused through the record of the lower court. I do not find it apparent from this record that the Applicant’s Appeal has an overwhelming chance to succeed. Issues for determination are present, but in my view, they cannot be described as, and do not justify a finding by this court, that there are overwhelming chances of success in the Appeal.

The Applicant also basis his submission on his previous good conduct. That ground carries no weight in determining an Application of this nature. The Applicants previous good conduct is immaterial and does not contribute to grounds of allowing the Application.

The third ground argued is that the Applicant has, since his incarceration, contracted diseases in prison. Again, that ground cannot stand on its own to justify the court to grant the prayer sought. It can only be considered together with other grounds.

Same fate befalls the Applicant’s argument that he is a sole breadwinner of his family. That is not a good ground to justify this court to allow the Application as sought.

I find, after carefully considering this Application, that there are no overwhelming chances that the Appeal may succeed. That no exceptional or unusual circumstances exist in this case to warrant this court to grant prayers sought. I find the Application lacks in merit and consequently I dismiss it in its entirely.

Dated 24th November 2004, at Nairobi.

LESIIT

JUDGE

Read, signed and delivered in the presence of; Applicant present in person

No appearance for Respondent

LESIIT

JUDGE

Order:

The appellant be taken to Kenyatta National Hospital for medical attention.

LESIIT

JUDGE