[2016] KEHC 201 (KLR)
The court held that, following conviction by a properly constituted court, the appellant is not entitled to bail as of right as would an accused person awaiting trial. The presumption of innocence is no longer applicable after conviction. The court, without delving into the merits of the appeal, found no sufficient...
Source-derived case information.
- Citation
- [2016] KEHC 201 (KLR)
- Parties
- Appellant: Shivonpie Wairimu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 132 of 2016
- Procedural Posture
- Criminal Appeal / Application for Bail Pending Appeal
- Outcome
- Application for bail pending appeal denied.
- Judges
- JV Juma
- Legal Topics
- Bail Pending Appeal, Presumption of Innocence, Conviction Effects
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Shivonpie Wairimu
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 her criminal appeal.
Ratio Decidendi
The court held that, following conviction by a properly constituted court, the appellant is not entitled to bail as of right as would an accused person awaiting trial. The presumption of innocence is no longer applicable after conviction. The court, without delving into the merits of the appeal, found no sufficient grounds to grant bail pending appeal and therefore denied the application, ordering that the appellant continue serving her sentence until the appeal is heard and determined.
Court Disposition
Application for bail pending appeal denied.
Orders
- The application for bail pending appeal is denied.
- The appellant to continue serving her sentence until the appeal is heard and determined.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
CRIMINAL APPEAL NO. 132 OF 2016
SHIVONPIE WAIRIMU ........................................ APPELLANT
VERSUS
REPUBLIC ........................................................................STATE
RULING
The appellant SHIVONPIE WAIRIMU has applied to be released on bail during the pendency of her appeal. MR. MOTENDE for the State did not oppose the application.
I have perused the record of the trial before the lower court. At this stage I am not required to determine the merits or otherwise of the appeal. Of note is that the appellant having been convicted by a properly constituted court of law cannot claim bail as a right in the same way that an accused person awaiting trial would do. The presumption of innocence no longer applies.
Whilst not prejudging the appeal, I find no merit in this application and the same is therefore denied. The appellant to continue serving her sentence until appeal is heard and determined.
Appellant in court
Dated in Nakuru this 16th day of December, 2016.
Maureen A. Odero
Judge