NABIL ADAMJEE v REPUBLIC [2010] KEHC 1281 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA

Criminal Appeal 307 of 2010

(From Original Conviction and Sentence in Criminal Case No.702 of 2009 of the

PrincipalMagistrate’s Court at Kwale:D.O. Ogembo – P.M.)

NABIL ADAMJEE.......................................................................................... APPELLANT

VERSUS

REPUBLIC .......................................................................................... RESPONDENT

RULING

The Applicant herein has renewed his application for bail pending appeal arguing that new circumstances have arisen which he argues should convince this court to re-consider his application.The new circumstances which he cites are his deteriorating health whilst in prison.I have looked at the medical records supplied by the Applicant which indicate that indeed he suffers a serious ailment, which requires that he be operated on.Notwithstanding all this the fact remains that the Applicant was convicted by a properly constituted court of law.The mere fact that he has filed an appeal is not a ground to release him on bail.The Applicant may be ill but provisions can be made for his treatment whilst in prison custody.I therefore decline to grant the Applicant bail pending appeal.I do direct that the Officer in Charge Shimo la Tewa Prison continue to avail the Applicant for treatment as and when required atCoastGeneralHospital.Secondly I do order said Officer in Charge Shimo la Tewa to permit Applicant’s personal doctor to attend to him at his own cost.If the personal doctor recommends treatment at a different medical facility the Officer in Charge Shimo la Tewa to facilitate his treatment at such medical facility at the Applicant’s own costs.

Dated and Delivered inMombasathis 4th day of October 2010.

M. ODERO

JUDGE