Basileo Mwiandi v Republic [2012] KEHC 2800 (KLR)
- Court
- High Court of Kenya
- Case number
- 2800
- Citation
- [2012] KEHC 2800 (KLR)
- Decided
- 19 July 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Criminal ApplicationPostureApplication for bail pending appealCoramL. A. ACHODE
Holding
The application is dismissed as the appeal has not been demonstrated to have overwhelming chances of success nor exceptional or unusual circumstances.
Facts
The applicant was convicted for obtaining Kshs. 2 million by false pretences in count No. 4, but was acquitted on forgery and uttering a false document counts. Kshs. 1 million was paid in the office of the lawyer and the other Kshs. 1 million was deposited in a 3rd party's account.
Issues
- Whether the conviction was contrary to Section 313 of the Penal Code
- Whether the offence was not proved beyond reasonable doubt
- Whether the applicant should be granted bail pending appeal
Reasoning
The court found that the applicant has already been convicted and has lost the presumption of innocence. The burden of proving wrongful conviction lies with the applicant, and there are no exceptional circumstances to justify bail.
Outcome
Application dismissed
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Penal Code
Cases cited (1)
- Dominic Karanja v Republic (1986) KLR 612
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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