•The state was opposed to her application saying there are no exceptional circumstances to warrant bail.
•The mother is serving a jail term for threatening to kill a 15 year old when she was convicted
Two minors of a woman serving a seven-year jail term will have to adjust to living without their mother after a court in Kisumu declined to release her on bail pending an appeal.
CAO was convicted and sentenced to seven years in jail after she was found guilty of threatening to kill a then 15-year-old girl.
Dissatisfied, she appealed. She sought to be admitted on bail pending the hearing and determination of her appeal.
But Kisumu Justice Cherono Chirchir said CAO is serving a lawful sentence and the hardships that have befallen her children are the natural consequences for anyone serving a custodial sentence.
Her punishment, she said, cannot be treated as special or unusual circumstances for the court to grant her bail.
In pleading with the court for bail, she said she is a mother of young children, one of whom is two and half years old and who until her imprisonment were under her care.
She also mentioned that her spouse occasionally works nightshifts and is not in a position to fully take care of the children. She asked the court to consider how she faithfully complied with the bond terms during trial and that her appeal has high chances of success.
The state was opposed to her application, saying there are no exceptional circumstances to warrant bail.
“The fact that she is a mother of young children, commitment to abide by the bond terms or that there are people willing to stand in as sureties are not unusual or exceptional circumstances so as to warrant bail,” the state said.
The judge in dismissing CAO’s application agreed with the state that her circumstances are not exceptional.
She said she perused the record of appeal and the main ground is that there were inconsistencies between the charge CAO was being tried for and the evidence tendered.
“Whereas I'm careful not to delve into the merits of the appeal, I do not agree with her assertion in this regard as I do not see any inconsistency between the charge and the evidence on record,” the judge said.
She further added that the likelihood of her absconding being a young mother cannot be ruled out.
“In the circumstances, I am not satisfied that there are special or unusual circumstances in this case to warrant bail. The application is without merit and the same is hereby dismissed,” she ruled.