ANTONY WAFULA & another v REPUBLIC [2006] KEHC 1436 (KLR)

Facts

Antony Wafula and Habibu Walela were charged with trespass with intent to annoy in Chief Magistrate Criminal Case No.1907 of 2001. They pleaded not guilty and were found guilty, sentenced to pay a fine of Shs.2000/= each and a term of six months imprisonment.

Issues

1. Whether the court has the power to admit the applicants to bail pending appeal
2. Whether the applicants have demonstrated that their appeals have overwhelming chances of success

Reasoning

The court has unlimited discretionary power under section 357 of the Criminal Procedure Code to admit an applicant to bail where such applicant has lodged an appeal and has demonstrated that the appeal has overwhelming chances of success. The court found that the applicants have demonstrated this.

Outcome

The court admits the applicants to bail pending appeal on the terms that they shall sign personal bonds of Shs.20000/= each.

Authorities cited