Peter Miringo Mbarire v Republic [2017] KEHC 3576 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAKURU

MISC APPLICATION NO. 15 OF 2017

PETER MIRINGO MBARIRE …………………………………………. APPLICANT

VERSUS

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

RULING

The applicant PETER MURINGO MBARIRE has through his advocate ‘MR. SIAGE’ applied to be released on bail pending appeal. The application was opposed by the learned State Counsel.

I have perused the record of the trial before the lower court. I am mindful of the fact that the court is not at this stage being asked to determine the merit or otherwise of his appeal.

The applicant having been convicted by a court of competent jurisdiction can no longer claim the constitutional right to bail in the same way that as suspect facing trial could do.

I have considered the application for bail pending appeal. I am not persuaded that the same is merited. I therefore decline to grant bail at this stage.

Ms Chemngetich for applicant.

Maureen A. Odero

Judge

21/7/2017