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 g…