Nahashon Mauki Mutegi & 1 other v Republic
The bottom line
#The Court of Appeal refused bail pending appeal, confirming that convicted persons must prove exceptional circumstances, not just claim court delays.
What this practically means
#Executive summary
#Key legal issues
#Threshold for bail pending appeal
A convicted person seeking bail pending appeal bears the burden of proving unusual or exceptional circumstances; bail is discretionary and not a constitutional right for a convict.
Relying on Epungure v Republic, Mary Ngechi Ng'ethe v Republic, Jivraj Shah, Dominic Karania and the Bail and Bond Policy Guidelines, the court held that conviction extinguishes the presumption of innocence, so sufficient reasons must exist before a convict may be released pending appeal. The Guidelines require an 'overwhelming probability' that the appeal will succeed.
Whether case backlog/alleged registry information constitutes exceptional circumstances
An unsubstantiated allegation that the registry indicated a long wait for a hearing date does not constitute exceptional circumstances warranting bail pending appeal.
The applicants asserted they were informed their 2023-filed appeal would await earlier appeals, but annexed no evidence supporting that claim. Even assuming delay, they serve a 15-year sentence and there is no likelihood they will serve a substantial part of it before the appeal is determined.
Whether the appeal has arguable prospects of success
Without the record of appeal, the court could not assess whether the appeal has high chances of success, so that limb failed.
The applicants asserted the appeal had merit, but the record of appeal was not availed to the court, leaving it unable to comment on a prima facie basis on the chances of success. Consequently, neither exceptional circumstances nor prospects of success were established.
Legal principles established
#- Bail pending appeal is discretionary, not a right; a convicted person no longer enjoys the presumption of innocence and must demonstrate unusual or exceptional circumstances to obtain bail pending appeal.
- The burden lies on the convicted person to demonstrate unusual or exceptional circumstances, including that the appeal has overwhelming probability of success or that a substantial part of the sentence will have been served by the time the appeal is heard.
Court orders
#- 1.The application dated 30th September 2024 is dismissed
- 2.No order as to costs
- On appeal from
- High Court of Kenya, Chuka
- not stated in judgment
- Jurisdiction invoked
- Articles 19, 22, 25, 39, 48, 49, 50, 51 and 159(2)(d) of the Constitution of Kenya; Order 51 Rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nahashon Mauki Mutegi & 1 other v Republic", Case Analysis (2025). Criminal Application (not numbered in judgment; dated 30th September 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/942/eng@2025-05-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.