[2016] KEHC 173 (KLR)
The court held that, following conviction by a court of competent jurisdiction, the appellant cannot rely on the presumption of innocence. The court is not required at this stage to consider the merits of the appeal. Upon reviewing the trial record, the court found no sufficient grounds or exceptional circumstances...
Source-derived case information.
- Citation
- [2016] KEHC 173 (KLR)
- Parties
- Appellant: Boniface Mwangi Wamugi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 155 of 2016
- Procedural Posture
- Criminal Appeal / Application for Bail Pending Appeal
- Outcome
- Application for bail pending appeal denied.
- Judges
- JV Juma
- Legal Topics
- Bail Pending Appeal, Defilement Offence, Conviction and Sentence, Presumption of Innocence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Boniface Mwangi Wamugi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Bail Pending Appeal
Legal Issues
- 1 Whether the appellant is entitled to bail pending the determination of his criminal appeal.
- 2 Whether the presumption of innocence applies after conviction.
Ratio Decidendi
The court held that, following conviction by a court of competent jurisdiction, the appellant cannot rely on the presumption of innocence. The court is not required at this stage to consider the merits of the appeal. Upon reviewing the trial record, the court found no sufficient grounds or exceptional circumstances to justify granting bail pending appeal. Consequently, the application for bail was denied, and the appellant was ordered to continue serving his sentence until the appeal is heard and determined.
Court Disposition
Application for bail pending appeal denied.
Orders
- The application for bail pending appeal is denied.
- The appellant shall continue serving his sentence until the appeal is heard and determined.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL APPEAL NO. 155 OF 2016
(FORMERLY NANYUKI HCA 52 OF 2016)
BONIFACE MWANGI WAMUGI ..................................................................... APPELLANT
VERSUS
REPUBLIC .................................................................................................................STATE
RULING
The appellant BONIFACE MWANGI WAMUGI through his advocate MR. MBUGUA has filed this application dated 22/9/2016 seeking to be released on bail during the pendency of his appeal. The appellant was convicted before the Nyahururu Law Court of the offence of Defilement and was sentenced to serve twenty (20) years imprisonment. He has filed the Petition of Appeal dated 19/8/2016 challenging both his conviction and sentence.
At this stage the court is not required to delve into the merits or otherwise of the intended appeal. The appellant having been tried and convicted by a court of competent jurisdiction can no longer rely on the presumption of innocence.
I have perused the record of the trial before the lower court. I am not persuaded that this application has merit and the same is hereby denied. The appellant will continue serving his sentence until his appeal is heard and determined.
Dated in Nakuru this 22nd day of December, 2016
Mr. Mbugua for Appellant
Mr. Motende for DPP
Maureen A. Odero
Judge