[2016] KEHC 545 (KLR)
The court held that the applicant, having been convicted by a court of competent jurisdiction, is no longer entitled to the presumption of innocence and therefore cannot claim bond as a right. The court further found that the applicant's medical condition (epilepsy) does not constitute sufficient grounds for release...
Source-derived case information.
- Citation
- [2016] KEHC 545 (KLR)
- Parties
- Appellant: Samuel Njeru Mahiuha; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 146 of 2016
- Procedural Posture
- Criminal Appeal / Application for Bail Pending Appeal
- Outcome
- Application for bail pending appeal declined.
- Judges
- JV Juma
- Legal Topics
- Bail Pending Appeal, Defilement Offence, Presumption of Innocence, Conviction and Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Njeru Mahiuha
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Bail Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to bail pending appeal after conviction for defilement.
- 2 Whether the applicant's medical condition justifies release on bail pending appeal.
Ratio Decidendi
The court held that the applicant, having been convicted by a court of competent jurisdiction, is no longer entitled to the presumption of innocence and therefore cannot claim bond as a right. The court further found that the applicant's medical condition (epilepsy) does not constitute sufficient grounds for release on bail pending appeal, as he is entitled to receive necessary medical treatment and medication while in prison. The application for bail pending appeal was found to lack merit and was declined. The applicant is to continue serving his sentence until the appeal is heard and determined.
Court Disposition
Application for bail pending appeal declined.
Orders
- The application for release on bail pending appeal is declined.
- The applicant will continue to serve his sentence until his appeal is heard and determined.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL APPEAL NO. 146 OF 2016
SAMUEL NJERU MAHIUHA...............................APPELLANT
VERSUS
REPUBLIC.........................................................RESPONDENT
(Appeal from the Judgment of the Chief Magistrate’s Court at Nyahururu, Hon. A. W Mukenga – Resident Magistrate delivered on the 26th August 2016 in CMCR Case No. 2258 of 2013)
RULING
The Applicant SAMUEL NJERU MAHIUHA was convicted at the Nyahururu Law Courts for the Offence of Defilement. He had filed an appeal challenging both his conviction and sentence.
By way of a Notice of Motion dated 22/9/2016 the applicant seeks to be released on bail during the pendency of his appeal. MR. MOTENDE learned Stated Counsel did not oppose the application.
I have considered this application for bail pending appeal. I have also perused the record of the trial in the lower court. The applicant having been convicted by a court of competent jurisdiction is no longer entitled to the presumption of innocence and therefore cannot claim bond as a right.
The appellant submits that he suffers from epilepsy and requires regular medical treatment and medication. The applicant even as a convict is entitled to be availed medical treatment whenever necessary and is also entitled to continue with his medications whilst in prison.
At this point I am not being required to determine the merit or otherwise of the intended appeal. I do not find any merit in this application for release on bail. I therefore decline to allow this application.
The applicant will continue to serve his sentence until his appeal is heard and determined.
Dated in Nakuru this 11th day of November, 2016.
Maureen A. Odero
Judge
Court – Hearing of Appeal on 6/3/2017.
Maureen A. Odero
Judge
11/11/2016