Wamalabe alias Guka v Republic (Criminal Application E006 of 2024) [2025] KECA 986 (KLR)
The bottom line
#Kenya's Court of Appeal refused bail to an 84-year-old convict, ruling that age and illness known to lower courts are not exceptional grounds for release pending appeal.
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 had demonstrated exceptional or unusual circumstances justifying release on bail pending appeal
- 2.Whether the pending appeal had overwhelming chances of success
Key legal issues
#Whether advanced age and ill-health of a convicted person constitute exceptional circumstances for bail pending appeal
No - age and sickness known to the trial court and first appellate court do not present an exceptional or unusual case warranting the Court's discretion in favour of the applicant.
The applicant was 84 years old with chronic ailments, but the court held these facts must have been within the knowledge of the trial court and the first appellate court when convicting and sentencing him. They therefore did not constitute new or exceptional circumstances. Further, the grounds in the memorandum of appeal, without elaboration, did not demonstrate that the appeal had overwhelming chances of success, which is a key criterion for bail pending appeal.
Whether a convicted person is entitled to bail pending appeal
No - a convicted and sentenced person enjoys no entitlement to bail; the presumption is that the conviction and sentence are proper.
The court distinguished the position of a person awaiting trial, who may be entitled to bail, from that of a convicted person. After conviction and sentence, a presumption of regularity attaches, so bail pending appeal is discretionary and exceptional, dependent on showing unusual circumstances or a likely successful appeal.
Legal principles established
#- Bail pending the hearing and determination of an appeal can only be granted where exceptional or unusual circumstances exist, one of which is the likelihood of the appeal succeeding
- Once a person has been convicted and sentenced, there is a presumption of a proper conviction and sentence, and unlike a person awaiting trial, he is not entitled to bail as of right
Court orders
#- 1.The application for bail pending appeal was declined
- 2.Given the applicant's advanced age, the appeal was directed to be prioritised
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- High Court of Kenya at Bungoma
- Appeal from Sirisia Criminal Case No. 027 of 2020
- Jurisdiction invoked
- Inherent discretion of the Court of Appeal to grant bail pending appeal (rule cited via Ademba v Republic); applicant's pending appeal to the Court of Appeal
Relief refused
#Release of the applicant on bail pending the hearing and determination of his appeal
Advanced age and illness did not constitute exceptional or unusual circumstances, and the grounds of appeal did not show overwhelming chances of success
Costs
No costs order was made
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.
Bail pending the hearing and determination of an appeal can only be granted if there are exceptional or unusual circumstances, one of which is the likelihood of the appeal succeeding
once a person has been convicted and sentenced, there is a presumption that he has been properly convicted and sentenced, and, therefore, unlike when he is awaiting trial, he is not entitled to bail
Without any further elaboration, the grounds alone do not show that the appeal has overwhelming chances of success.
We decline the invitation to release the applicant on bail, but direct that, given his age, the appeal be prioritised.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wamalabe alias Guka v Republic (Criminal Application E006 of 2024) [2025] KECA 986 (KLR)", Case Analysis (2025). Criminal Application (Bail Pending Appeal) - Notice of Motion dated 29th October 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/986/eng@2025-05-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.