Jane Wachera Mwangi v Republic [2016] KEHC 5697 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MURANG’A

CRIMINAL APPPEAL NO 108 OF 2015

(Appeal against Conviction and Sentence in Kangema SPM Criminal Case No 232 OF 2015 – W M Kagoni, SRM)

JANE WACHERA MWANGI.………..…………………………..APPELLANT VERSUS

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

R U L I N G

1.     The Appellant in this appeal, Jane Wachera Mwangi, has applied by notice of motion dated 09/11/2015 to be released on bail pending disposal of her appeal.  The Respondent does not oppose the application.

2.     The Appellant was convicted after trial of being in possession of ten (10) stones of narcotic drugs (bhang) with a street value of KShs 2,000/00 which was not in the form of a medical preparation, contrary to section 3(1) of the Narcotic Drugs and Psychotropic Substances (Control) Act, No 4 of 1994. She was sentenced to serve five (5) years imprisonment.  She has appealed against both conviction and sentence.

3.     Learned Prosecution Counsel for the Respondent stated that the Republic shall not support the conviction at the hearing of the appeal, upon the ground that possession was not proved.

4.     I have read through the record of the trial court (including the judgment).  I am satisfied that this is a proper case to admit the Appellant to bail pending disposal of her appeal.  She shall be released upon her own cognizance in the sum of KShs 10,000/00 and one surety in like sum.  It is so ordered.

DATED AND SIGNED AT MURANG’A THIS 15TH DAY OF APRIL 2016

H P G WAWERU

JUDGE

DELIVERED AT MURANG’A THIS 15TH DAY OF APRIL 2016