Wanguba v Republic (Criminal Application E070 of 2024) [2025] KECA 722 (KLR)
The bottom line
#The Court of Appeal confirmed that being on good behaviour during your trial is not enough to win bail pending appeal in Kenya.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the applicant has demonstrated exceptional or unusual circumstances to warrant admission to bail pending the hearing and determination of his appeal against conviction and sentence for manslaughter
- 2.Whether the appeal discloses overwhelming chances of success such that bail should be granted
Key legal issues
#Threshold for bail pending appeal
The applicant must demonstrate exceptional or unusual circumstances and, in addition, that the appeal has overwhelming chances of success; substantial issues to be argued on appeal alone do not meet the threshold.
The court restated the principles from Jivraj Shah and Dominic Karanja: exceptional or unusual circumstances must exist such that it is in the interest of justice to grant bail; the appeal must prima facie be likely to succeed on a substantial point of law; and the sentence or a substantial part of it should have been served by the time the appeal is heard. Although satisfied there were substantial issues on appeal, the court found the applicant's conduct during trial was the only circumstance relied on and it did not qualify as exceptional.
Legal principles established
#- Bail pending appeal is discretionary and will only be granted in rare and exceptional circumstances; a convicted person bears the burden of showing the conviction was wrong
- There is no constitutional entitlement to bail pending appeal; the presumption of innocence under Article 49(h) ends upon conviction
- Compliance with bail terms during trial is not an exceptional circumstance justifying bail pending appeal
Court orders
#- 1.The Notice of Motion dated 22nd July 2024 seeking bail pending appeal is dismissed
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
Wrote the judgment
Wrote the judgment
- On appeal from
- High Court of Kenya at Bungoma
- HCCRC No. 17 of 2016
- Jurisdiction invoked
- Rule 5(2)(a) of the Court of Appeal Rules (bail pending appeal in criminal proceedings)
Relief refused
#Bail pending the hearing and determination of the appeal
The applicant failed to demonstrate exceptional or unusual circumstances; the fact that he did not breach bail terms during the trial is not an exceptional circumstance, and substantial points on appeal alone do not meet the threshold
Costs
No costs order made in the ruling
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
The upshot is that the application dated 22nd July 2024 has no merit, and it is hereby dismissed.
It is not, therefore, surprising that it has been stated time and time again that bail pending appeal will only be granted in rare and exceptional circumstances.
if the appeal had such overwhelming chances of success, there was no justification for depriving the applicant of his liberty and the minor relevant consideration would be whether there were exceptional or unusual circumstances
the applicant has not demonstrated any unusual or exceptional circumstances to warrant the grant of bail pending appeal
Issues in the judgment
#Internal pagination is inconsistent ('Page 7 of 6', 'Page 8 of 6', etc.), indicating a formatting defect in the certified copy
The judgment inconsistently cites the applicable rule as Rule 5(2)(a) of the Court's Rules, whereas bail pending appeal in criminal matters is conventionally addressed under Rule 5(2)(b); the text itself reads 5(2)(a)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wanguba v Republic (Criminal Application E070 of 2024) [2025] KECA 722 (KLR)", Case Analysis (2025). Criminal Application No. E070 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/722/eng@2025-04-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.