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Philip Maingi Mueke v. Republic

(2021) JELR 94646 (CA)

Court of Appeal  •  Criminal Application 2 of 2020  •  5 Feb 2021  •  Kenya

Coram
Roselyn Naliaka Nambuye, Hannah Magondi Okwengu, Sankale ole Kantai

Judgement

RULING OF THE COURT

[1] On 8th October 2015, the High Court (Kimaru, J), delivered a judgment in which it dismissed an appeal that had been filed by Philip Maingi Mueke (applicant) against his conviction and sentence. The applicant had been sentenced to life imprisonment by the Chief Magistrate’s Court at Nairobi for the offence of defilement contrary to section 8(1) as read with 8(2) of the Sexual Offences Act.

[2] The applicant has filed a second appeal before this Court against the judgment of the High Court, and is now before us with an application for bail pending the hearing of his appeal.

[3] The application has been brought under Rule 5(2)(a) of the Court of Appeal Rules that gives the Court discretion to grant bail pending the hearing of an appeal. It is trite that for such an application to succeed, the applicant must demonstrate to the Court that he has an appeal that has overwhelming chances of success, or that there are exceptional or unusual circumstances that would justify…

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