Case Metadata |
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| Case Number: | Miscellaneous Criminal Application 35 of 1984 |
|---|---|
| Parties: | Amritlal Jivraj Shah v Republic |
| Date Delivered: | 07 Feb 1984 |
| Case Class: | Criminal |
| Court: | Court of Appeal at Nairobi |
| Case Action: | Ruling |
| Judge(s): | Alfred Henry Simpson |
| Citation: | Amritlal Jivraj Shah v Republic [1984] eKLR |
| Court Division: | Criminal |
| County: | Nairobi |
| Case Summary: | Shah v Republic Court of Appeal, at Nairobi February 7, 1984 Simpson CJ Miscellaneous Criminal Application No 35 of 1984 Bail – application for – bail pending appeal – granting of bail for medical reasons. The applicant, who was charged with the offence of theft, applied to be released on bail pending appeal arguing that he needed a diet suitable for his diabetic condition. Held: As it had been shown that the accused could only obtain a diet suitable for his condition at home, he would be granted bail. Bail granted on terms. Cases No cases referred to. Statutes No statute referred. |
| Case Outcome: | Bail granted on terms. |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
IN THE COURT OF APPEAL
AT NAIROBI
MISCELLANEOUS CRIMINAL APPLICATION NO. 35 OF 1984
BETWEEN
AMRITLAL JIVRAJ SHAH.....................................................................APPLICANT
AND
REPUBLIC...........................................................................................RESPONDENT
RULING
The question on whether or not the applicant committed theft in this case is complicated by the acquittal of the applicant on the 1st count. In the absence of more detailed argument I am not prepared to say that there is an overwhelming probability of success in this appeal. Such a finding might embarrass the court hearing the appeal.
I am however concerned about the health of the applicant. He is a case of uncontrolled diabetes mellitus and it appears from the certificate of Dr Obel that neither the prison diet nor the hospital diet is suitable for his condition since he is a strict vegetarian. Only at home can he obtain a diet suitable for his condition.
In these circumstances bail is granted on the same terms as in the lower court, that is his own bond of Kshs 250,000 with the same two sureties as before in the sum of Kshs 200,000 each. In addition his passport will be deposited in court.
Dated and Delivered in Nairobi this 7th day of February 1984.
A.H.SIMPSON
..................................
JUDGE OF APPEAL (CJ)
I certify that this is a true
copy of the original
DEPUTY REGISTRAR
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