JACKSON MAINA WANGUI V. REPUBLIC

RULING OF THE COURT

By his motion dated the 17^th October, 2017, the applicant seeks an order granting him "Bond/Bail pending the hearing and final determination of Criminal Appeal No. 42 of 2017". In the alternative, he seeks an order to "stay and/or suspend the execution of the judgment, conviction and sentence of the High Court". He does not stop there but seeks "any other order the court may deem fit and expedient in the circumstances".

The prayers are predicated on various provisions of the law including: Order (sic) 5 (2)(a) of the Court of Appeal Rules, 2010; Articles 20(2), 3(a) and (b); 21(1) and (3), 49(1)(h), 50(2)(q) and 51(1) of the Constitution; and Sections 3, 3A and 3B of the Appellate Jurisdiction Act.

Despite the expansive nature of the prayers, learned counsel for the applicant, Mr. Timothy Naeku restricted his submissions to bail pending appeal under Rule 5(2)(a) of this Court's Rules. The Director of Public Prosecutions (DPP) through Mr. Peter Mailanyi, SADPP, did not…