[2018] KEHC 2418 (KLR)
The court found that the appellant failed to demonstrate that his appeal had overwhelming chances of success or that there were exceptional circumstances warranting release on bail pending appeal. The presumption of innocence no longer applied after conviction, and bail pending appeal is not granted as of right. The...
Source-derived case information.
- Citation
- [2018] KEHC 2418 (KLR)
- Parties
- Appellant: Humphrey Wakulwa Wanjala; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 15 of 2018
- Procedural Posture
- Criminal Appeal / Ruling on Bail Pending Appeal
- Outcome
- Application for bail pending appeal declined; appeal to be heard on expedited basis.
- Judges
- SN Riechi
- Legal Topics
- Bail Pending Appeal, Defilement Offence, Presumption of Innocence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Humphrey Wakulwa Wanjala
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the appellant is entitled to bail pending appeal.
- 2 Whether the appeal has overwhelming chances of success.
Ratio Decidendi
The court found that the appellant failed to demonstrate that his appeal had overwhelming chances of success or that there were exceptional circumstances warranting release on bail pending appeal. The presumption of innocence no longer applied after conviction, and bail pending appeal is not granted as of right. The application was therefore declined, but the court expedited the hearing of the substantive appeal due to the urgency of the application.
Court Disposition
Application for bail pending appeal declined; appeal to be heard on expedited basis.
Orders
- Application for bail pending appeal is declined.
- The appeal shall be heard on 8th November 2018.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA.
IN THE HIGH COURT OF KENYA AT BUNGOMA.
CRIMINAL APPEAL NO. 15 OF 2018.
HUMPHREY WAKULWA WANJALA.........................APPELLANT
VERSUS.
REPUBLIC..................................................................RESPONDENT
R U L I N G.
The appellant Humphrey Wakulwa Wanjala was convicted of the offence of defilement contrary to Section 8(1) as read with Section 8(4) of the Sexual Offence Act, and sentenced to serve 20 years imprisonment on 4. 4.2018. He filed an appeal against the conviction and sentence. On 18. 6.2016 he filed this application dated 13. 6.2018 seeking that he be released as bail pending appeal. The grounds for the application are that the Constitutional rights of the accused demand that he be a admitted to bail pending appeal as he is not a flight risk; and that the appeal has overwhelming chances of success.
Mr. Oimbo for State opposes the appeal. He contends that the applicants’ presumption of innocence has fallen and he cannot claim bail pending appeal as of right; and secondly that the appeal does not have overwhelming chances of success.
I have considered the application and the objection. I decline to grant the application but due to the fact that this application was brought under certificate of urgency, direct that the appeal be heard on 8. 11. 2018.
Dated and Signed at Bungoma this 23rd day of October, 2018.
S.N. RIECHI
JUDGE