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JudgmentKENNEDY KAUNDA MWAMBI VS REPUBLIC2 min read

KENNEDY KAUNDA MWAMBI VS REPUBLIC

High Court at Makueni High Court · · Matheka, Teresia Mumbua

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MAKUENI

CRIMINAL APPEAL NO E084 OF 2025

(Appeal from the Judgment of Hon. Stephen Jalangó (SPM) Tawa delivered on 11/11/2025)

KENNEDY KAUNDA MWAMBI ……………………………. APPELLANT

VERSUS

REPUBLIC……………………………………….………….… RESPONDENT

RULING

1. Before me is the Notice of Motion dated 11/12/2025 brought under Section 123 (2) and (3) and 357 (1) of the Criminal Procedure Code .

2. It seeks orders that the Applicant be admitted to bail pending the hearing and determination of his appeal.

3. The Appellant was charged with Defilement Contrary to Section 8 (1) as read with Section 8 (3) of the Sexual Offences Act , and in the alternative Indecent Act with a child Contrary to Section 11 (1 ) of the same Act .

4. After a full trial the court on 11/11/2025, found the Applicant guilty of defilement Contrary to Section 8 (1) as read with Section 8 (3) of the Sexual Offences Act.

5. After considering the Pre-Sentence Report, the mitigation by the Applicant and the victim’s witness statement, the trial court sentenced the Applicant to 5 years’ imprisonment.

6. For bail pending appeal an Applicant has to establish grounds for the application; exceptional circumstances including that the appeal has overwhelming chances of success; that the Appellant may serve the whole or most of his sentence before the appeal is heard and determined.

7. The application was argued verbally by Ms. Kabuu for the Applicant and opposed by Mr. Musyoki for the State.

8. Ms. Kabuu argued that the appeal has high chances of success. From her supporting affidavit of the application, she endeavored to demonstrate the weaknesses in the case before the subordinate court. Furthermore, she submits that the Applicant has a young family that depends on him.

9. The application is opposed on the grounds that no exceptional circumstances have been set out and that the Applicant does not enjoy the presumption of innocence he did before the conviction hence bail pending appeal is not an unlimited right.

10. I considered the application and the submissions. I have perused the judgment of the subordinate court. I note that the court sentenced the Appellant to 5 years’ imprisonment instead of the mandatory 15 under Section 8 (4) of the Sexual Offences Act going by the age of the Complainant at 17 years. Other than that, no other exceptional circumstance has been pleaded and the issues raised in the affidavit in support are issues related to the merit of the appeal. Those in my view should be dealt with in the appeal.

11. I find that the application is unsupported. It is declined.

12. The Appellant to proceed and deal with the appeal itself.

Dated, signed and delivered virtually this 5 th March 2026

Mumbua T Matheka

Judge

CA Chrispol/Daniel

Applicant Present

Ms. Kabuu for applicant

Ms. Amol for the State

Ruling H.C.CR.A E084 of 2025 Kennedy Kaunda Mwambi vs Republic
    KENNEDY KAUNDA MWAMBI VS REPUBLIC KENNEDY KAUNDA MWAMBI VS REPUBLIC