[2016] KEHC 190 (KLR)
The court held that once an accused person has been tried and convicted by a properly constituted court, the presumption of innocence no longer applies and bail is no longer a right. Upon reviewing the trial record, the court found no merit in the application for bail pending appeal and dismissed it accordingly.
Source-derived case information.
- Citation
- [2016] KEHC 190 (KLR)
- Parties
- Appellant: James Wanjau Githinji; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 184 of 2016
- Procedural Posture
- Criminal Appeal / Application for Bail Pending Appeal
- Outcome
- Application for bail pending appeal dismissed.
- Judges
- JV Juma
- Legal Topics
- Bail Pending Appeal, Presumption of Innocence, Conviction and Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Wanjau Githinji
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.
Ratio Decidendi
The court held that once an accused person has been tried and convicted by a properly constituted court, the presumption of innocence no longer applies and bail is no longer a right. Upon reviewing the trial record, the court found no merit in the application for bail pending appeal and dismissed it accordingly.
Court Disposition
Application for bail pending appeal dismissed.
Orders
- The application for bail pending appeal is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL APPEAL NO. 184 OF 2016
JAMES WANJAU GITHINJI ... APPELLANT
VERSUS
REPUBLIC ...........................................STATE
RULING
The appellant herein JAMES WANJAU GITHINJI has through his advocate filed this application seeking to be released on bail during the pendancy of his appeal.
At this stage the court is not being asked to pronounce itself on the merits or otherwise of the appeal. The appellant having been tried and convicted by a properly constituted court of law can no longer claim bail as a right. The presumption of innocence no longer applies.
I have perused the record of the trial. I find no merit in the present application and the same is hereby dismissed. No order on costs.
Dated in Nakuru this 22nd day of December, 2016
Mr. Mbugua holding brief for Mr. Waichungo
Mr. Motende for DPP
Maureen A. Odero
Judge