[2016] KEHC 5697 (KLR)
The court found that the appellant's conviction for possession of narcotic drugs was not supported by sufficient evidence, as acknowledged by the prosecution, which indicated it would not support the conviction on appeal. Given these circumstances, the court determined that this was an appropriate case to grant bail...
Source-derived case information.
- Citation
- [2016] KEHC 5697 (KLR)
- Parties
- Appellant: Jane Wachera Mwangi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 108 of 2015
- Procedural Posture
- Criminal Appeal / Bail Pending Appeal
- Outcome
- Appellant admitted to bail pending appeal.
- Judges
- DW Mbuteti
- Legal Topics
- Bail Pending Appeal, Narcotic Possession, Conviction Challenge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Jane Wachera Mwangi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Bail Pending Appeal
Legal Issues
- 1 Whether the appellant should be granted bail pending the determination of her criminal appeal.
- 2 Whether the conviction for possession of narcotic drugs was sufficiently supported by evidence.
Ratio Decidendi
The court found that the appellant's conviction for possession of narcotic drugs was not supported by sufficient evidence, as acknowledged by the prosecution, which indicated it would not support the conviction on appeal. Given these circumstances, the court determined that this was an appropriate case to grant bail pending appeal. The appellant was therefore admitted to bail on her own cognizance and a surety, pending the outcome of her appeal.
Court Disposition
Appellant admitted to bail pending appeal.
Orders
- The appellant shall be released on her own cognizance in the sum of KShs 10,000 and one surety in like sum.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MURANG’A
CRIMINAL APPPEAL NO 108 OF 2015
(Appeal against Conviction and Sentence in Kangema SPM Criminal Case No 232 OF 2015 – W M Kagoni, SRM)
JANE WACHERA MWANGI.………..…………………………..APPELLANT VERSUS
REPUBLIC…………………………………….…....…………..RESPONDENT
R U L I N G
1. The Appellant in this appeal, Jane Wachera Mwangi, has applied by notice of motion dated 09/11/2015 to be released on bail pending disposal of her appeal. The Respondent does not oppose the application.
2. The Appellant was convicted after trial of being in possession of ten (10) stones of narcotic drugs (bhang) with a street value of KShs 2,000/00 which was not in the form of a medical preparation, contrary to section 3(1) of the Narcotic Drugs and Psychotropic Substances (Control) Act, No 4 of 1994. She was sentenced to serve five (5) years imprisonment. She has appealed against both conviction and sentence.
3. Learned Prosecution Counsel for the Respondent stated that the Republic shall not support the conviction at the hearing of the appeal, upon the ground that possession was not proved.
4. I have read through the record of the trial court (including the judgment). I am satisfied that this is a proper case to admit the Appellant to bail pending disposal of her appeal. She shall be released upon her own cognizance in the sum of KShs 10,000/00 and one surety in like sum. It is so ordered.
DATED AND SIGNED AT MURANG’A THIS 15TH DAY OF APRIL 2016
H P G WAWERU
JUDGE
DELIVERED AT MURANG’A THIS 15TH DAY OF APRIL 2016