[2019] KEHC 9674 (KLR)
The court found that the applicant, having pleaded guilty, did not demonstrate overwhelming chances of success in his appeal. The presumption of innocence no longer applies post-conviction, and bail pending appeal is not a right but a discretionary remedy granted only in exceptional circumstances. The court was not...
Source-derived case information.
- Citation
- [2019] KEHC 9674 (KLR)
- Parties
- Appellant: Elly Marumbu Wauyo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 117 of 2019
- Procedural Posture
- Criminal Appeal / Ruling on Bail Pending Appeal
- Outcome
- application for bail pending appeal dismissed
- Judges
- SN Riechi
- Legal Topics
- Bail Pending Appeal, Plea of Guilty, Right to Bail
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elly Marumbu Wauyo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to bail pending appeal.
- 2 Whether the plea of guilty was unequivocal and affects the chances of success of the appeal.
Ratio Decidendi
The court found that the applicant, having pleaded guilty, did not demonstrate overwhelming chances of success in his appeal. The presumption of innocence no longer applies post-conviction, and bail pending appeal is not a right but a discretionary remedy granted only in exceptional circumstances. The court was not persuaded that such circumstances existed in this case and therefore declined to grant bail pending appeal.
Court Disposition
application for bail pending appeal dismissed
Orders
- Prayer for bail pending appeal is declined.
- Appellant to file appeal and the same be heard expeditiously.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
CRIMINAL APPEAL NO. 117 OF 2018
ELLY MARUMBU WAUYO……………………………………APPELLANT
VERSUS
REPUBLIC……………………………………………………RESPONDENT
RULING
This is an application for bail pending appeal by the applicant on the grounds that Applicants appeal has high chances of success as the plea of guilty was not unequivocal. The applicant was sentenced to Twenty (20) years imprisonment and that he is ready to abide by any conditions that the court may set for his release on bond.
Mr. Oimbo for the state opposes the application on grounds that bond is a right for an accused person by the presumption or innocence in respect to the applicant has filed upon his conviction and he cannot be entitled to bail as a right. Counsel for state submits that the applicant having pleaded guilty, his chances of success in the appeal are not overwhelming as he claims.
I have considered the application and the Response. I decline to grant the prayer for bail pending appeal and direct the appellant to file appeal and same be heard expeditiously.
Datedand Signed at Bungoma this 21st day of February 2019.
S.N. RIECHI
JUDGE