Silas Mutembei Mukindia v Republic [2013] KEHC 529 (KLR)

Facts

The applicant was convicted of an indecent act contrary to the Sexual Offences Act. He was sentenced to 5 years imprisonment. The appeal was based on several grounds including the trial magistrate's alleged errors in law and fact.

Issues

1. Whether the appeal has a high chance of success
2. Whether the applicant is likely to serve a substantial part of his sentence before his appeal is heard
3. Whether the conviction was based on medical evidence
4. Whether there were contradictions in the prosecution case
5. Whether the applicant's illness is exceptional or unusual

Reasoning

The court found that the appeal did not have an overwhelming chance of success and that the applicant was unlikely to serve a substantial part of his sentence before his appeal was heard.

Outcome

Application dismissed

Authorities cited