(Appeal from judgement of Hon. AZ Ogange, Resident Magistrate, RM, in Malaba MCCRSOAC No. E009 of 2023, of 2nd October 2025)
1. The application, that I am called upon to determine, is the Motion, dated 21st November 2025. It seeks admission to bond/bail, pending appeal.
2. At this level, admission to bond/bail is not automatic. It is not a constitutional right. There is no presumption of innocence, for the appellant is, in fact, a convicted person.
3. I note, though, that the respondent has not filed a response. The application is, therefore, not opposed. I shall, accordingly, grant it, as I see that the appellant was on bond pending trial, and appears to have had faithfully adhered to the bond terms.
4. Consequently, the appellant is hereby admitted to bond, pending appeal, of Kshs. 300,000.00, with 1 surety of like amount.
5. Let the Deputy Registrar call for the trial court records, and the appellant file his record of appeal in 30 days. The matter shall be mentioned, on 15th April 2026, for directions, on disposal of the appeal.
DELIVERED, DATED AND SIGNED IN OPEN COURT, AT BUSIA, ON THIS 13TH DAY OF MARCH 2026.
WM MUSYOKA
JUDGE
Mr. Arthur Etyang, Court Assistant.
Advocates
Mr. Ouma, instructed by BM Ouma & Company, Advocates for the appellant.
Mr. Onanda, instructed by the Director of Public Prosecutions, for the respondent.
1. The application, that I am called upon to determine, is the Motion, dated 21st November 2025. It seeks admission to bond/bail, pending appeal.
2. At this level, admission to bond/bail is not automatic. It is not a constitutional right. There is no presumption of innocence, for the appellant is, in fact, a convicted person.
3. I note, though, that the respondent has not filed a response. The application is, therefore, not opposed. I shall, accordingly, grant it, as I see that the appellant was on bond pending trial, and appears to have had faithfully adhered to the bond terms.
4. Consequently, the appellant is hereby admitted to bond, pending appeal, of Kshs. 300,000.00, with 1 surety of like amount.
5. Let the Deputy Registrar call for the trial court records, and the appellant file his record of appeal in 30 days. The matter shall be mentioned, on 15th April 2026, for directions, on disposal of the appeal.
DELIVERED, DATED AND SIGNED IN OPEN COURT, AT BUSIA, ON THIS 13TH DAY OF MARCH 2026.
WM MUSYOKA
JUDGE
Mr. Arthur Etyang, Court Assistant.
Advocates
Mr. Ouma, instructed by BM Ouma & Company, Advocates for the appellant.
Mr. Onanda, instructed by the Director of Public Prosecutions, for the respondent.