Wanjala v Republic [2023] KEHC 1647 (KLR)

Wanjala v Republic (Criminal Appeal E085 of 2022) [2023] KEHC 1647 (KLR) (2 March 2023) (Ruling)

Neutral citation: [2023] KEHC 1647 (KLR)

Republic of Kenya

In the High Court at Mombasa

Criminal Appeal E085 of 2022

A. Ong’injo, J

March 2, 2023

Between

Oscar Wekesa Wanjala

Appellant

and

Republic

Respondent

Ruling

1. The Appellant was charged in Shanzu CMC Sexual Offence Case No 59 of 2020 with the offence of defilement contrary to Section 8(1) as read with Section 84 of the Sexual Offences Act No 3 of 2006. He was convicted & sentenced to serve 15 years in prison.

2. He has preferred the appeal herein and by application dated November 2, 2022 he seeks that he be granted reasonable bond terms pending the hearing and determination of the Appeal.

3. This Application was not opposed by the Respondents and having considered the grounds of the Application and the Judgement of the trial Court, the application has merit and the same is allowed as prayed. The Appellant is admitted to bond of Kshs 100,000. 00 with surety of a similar amount pending the hearing and determination of the Appeal.

4. Mention on May 17, 2023 for Records of Appeal to be filed and served by the Appellant’s advocate.

DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 2ND DAY OF MARCH 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of:-Ogwel- Court AssistantAppellant – Present in personMr. Ngiri for State – Present physicallyMr Amuma Dulu & Co. Advocates for Appellant – Present onlineHon. Lady Justice A. Ong’injoJudge