[2016] KEHC 2428 (KLR)
The court found that the appellant had not demonstrated sufficient grounds to warrant admission to bail pending appeal. The production of the Government Analyst's report by the investigating officer was permissible under section 77 of the Evidence Act, and any issues regarding the admissibility or weight of the...
Source-derived case information.
- Citation
- [2016] KEHC 2428 (KLR)
- Parties
- Appellant: Lucy Wanjeri Mwangi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 127 of 2015
- Procedural Posture
- Criminal Appeal / Ruling on Bail Pending Appeal
- Outcome
- application for bail pending appeal dismissed
- Judges
- DW Mbuteti
- Legal Topics
- Bail Pending Appeal, Narcotic Drugs Possession, Evidence Admissibility
- 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
Lucy Wanjeri Mwangi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the appellant should be admitted to bail pending the determination of her criminal appeal.
- 2 Whether the production of the Government Analyst's report by the investigating officer, rather than the maker, was proper and prejudicial to the appellant.
Ratio Decidendi
The court found that the appellant had not demonstrated sufficient grounds to warrant admission to bail pending appeal. The production of the Government Analyst's report by the investigating officer was permissible under section 77 of the Evidence Act, and any issues regarding the admissibility or weight of the evidence should be addressed during the substantive hearing of the appeal. The court was not persuaded that the circumstances of the case were exceptional or that the appeal had overwhelming chances of success to justify granting bail. Accordingly, the application for bail pending appeal was refused and dismissed.
Court Disposition
application for bail pending appeal dismissed
Orders
- The application for bail pending appeal is refused and dismissed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MURANG’A
CRIMINAL APPEAL NO 127 OF 2015
(Appeal from original Conviction and Sentence in Kangema PM’s Criminal Case No 393 of 2014 - J. O. Magori, PM)
LUCY WANJERI MWANGI…….…APPELLANT
VERSUS
REPUBLIC…………...….………….RESPONDENT
R U L I N G
1. The Appellant herein, Lucy Wanjeri Mwangi, was convicted after trial of being in possession of narcotic drugs contrary to section 3(1) as read with section 3(2) (a)of the Narcotic Drugs and Psychotropic Substances (Control) Act, No. 4 of 1994. She was sentenced to serve seven (7) years imprisonment. She has appealed against both conviction and sentence. The appeal is pending hearing.
2. She has in the meantime applied by notice of motion dated 22/01/2016 to be admitted to bail pending disposal of her appeal.
3. Learned counsel for the Appellant has submitted that the Government Analyst’s report on the drugs allegedly found in the possession of the Appellant was produced, not by the maker thereof, but by the investigating officer of the case without a proper basis being laid for not calling the maker; and further, that the Appellant, who was not represented, was not asked whether she had any objection to production of the report by the investigating officer.
4. In reply it was pointed out by learned prosecution counsel that section 77 of the Evidence Act, Cap 80 permits such production, with the proviso that the court may direct the attendance of the maker of the document for examination. It was learned counsel’s view that though the Appellant was not asked if she wanted to have the maker of the report called for examination there was no failure of justice.
5. Learned counsel for the Appellant also submitted that possession by the Appellant was not proved beyond reasonable doubt. As correctly pointed out by learned prosecution counsel, matters of evidence are best canvassed at the hearing of the appeal.
6. I have perused the record of the trial court. Having considered the submissions of the learned counsel, I am not persuaded that this is a suitable case to admit the Appellant to bail pending disposal of her appeal. Her application is therefore refused and dismissed. It is so ordered.
DATED AND SIGNED AT MURANG’A THIS 8TH DAY OF SEPTEMBER 2016
H P G WAWERU
JUDGE
DELIVERED AT MURANG’A THIS 9TH DAY OF SEPTEMBER 2016