RULING ON APPLICATION FOR BAIL PENDING APPEAL.
1. Preston Kimanthi Mwanzia was charged in Makindu SPMCRC (SO) E016 of 2022, tried, found guilty and convicted for rape c/s 3(1)(a) as read with s. 3(1) (b) of the SOA , and for grievous harm c/s 234 of the Penal Code.
2. On 27th July 2024 he was sentenced to serve 15 years’ imprisonment on each count and the sentences to run concurrently.
3. Aggrieved he filed petition of appeal dated 16th August 2024, together with an application under certificate of urgency for bail pending appeal. This was opposed by the Prosecution.
4. I have considered the application for bail pending appeal. His greatest fear is that he will serve the better part of the sentence before the appear is hear and concluded. He also claims to be unwell but the documents supplied indicate that he sustained injuries in a road traffic accident that ‘healed with disabilities’.
5. The grant of Bail pending appeal is premised on exceptional circumstances. And the onus is upon the applicant to establish the same
6. I have considered affidavits in support and the annexures therewith. I have perused the record and Petition and the issues raised ought to be canvassed in the appeal.
7. No exceptional circumstances have been established. And there is no possibility that he will serve a substantial amount of the sentence before the appeal is heard.
8. In the circumstances the application is denied.
9. The appellant is at liberty to pursue the appeal itself.
10. Since the lower court file, and the proceedings have all been availed, and the record of appeal in on the file, the appeal is admitted and parties can take directions.
Dated, delivered and signed this 29th day of October 2024.
Mumbua T. Matheka
Judge
Appellant present
Ms Nelima CA
Mr. Kazungu for state
Mr. Mwenda for appellant