NYONGA DAVID MAKEMBA V. REPUBLIC THROUGH DIRECTOR OF PUBLIC PROSECUTIONS

RULING OF THE COURT

This is an application under rule 5(2)(a) of the Court of Appeal Rules and Articles 22,23,28,47,50 and 165(3)(d) of the Constitution, wherein the applicant seeks bail pending the hearing and determination of his appeal against the ruling and order of Ochieng, J. made on the 9th September, 2013 in Election Petition No.8 of 2013 sentencing him to three (3) months imprisonment for perjury. The main order being sought is as follows:-

“1. ............

2. That pending the hearing and determination of this appeal, the Court be pleased to issue an order for the release of Mr Nyonga David Makemba on bail in respect of the sentence of three (3) months imprisonment imposed by the election Court (Hon Justice Ochieng) on 9th September, 2013 in Mombasa Election Petition No.8 of 2013 whereby the applicant was convicted of the offence of perjury.”

The application is founded upon nine grounds, a summary of which is that, the applicant was taken through an extra ordinary trial process w…