Wanjala v Republic (Criminal Appeal E085 of 2022) [2023] KEHC 1647 (KLR) (2 March 2023) (Ruling) Neutral citation: [2023] KEHC 1647 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CRIMINAL APPEAL E085 OF 2022 ACA ONG’INJO, J MARCH 2, 2023 BETWEEN OSCAR WEKESA WANJALA ................................................................ APPELLANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The Appellant was charged in Shanzu CMC Sexual Ofience Case No 59 of 2020 with the ofience of defilement contrary to Section 8(1) as read with Section 84 of the Sexual Offences Act No 3 of 2006. He was convicted & sentenced to serve 15 years in prison. 2. He has preferred the appeal herein and by application dated November 2, 2022 he seeks that he be granted reasonable bond terms pending the hearing and determination of the Appeal. 3. This Application was not opposed by the Respondents and having considered the grounds of the Application and the Judgement of the trial Court, the application has merit and the same is allowed as prayed. The Appellant is admitted to bond of Kshs 100,000.00 with surety of a similar amount pending the hearing and determination of the Appeal. 4. Mention on May 17, 2023 for Records of Appeal to be filed and served by the Appellant’s advocate. DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 2ND DAY OF MARCH 2023 HON. LADY JUSTICE A. ONG’INJO JUDGE In the presence of:Ogwel- Court Assistant Appellant – Present in person https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/1647/eng@2023-03-02 1
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Mr. Ngiri for State – Present physically Mr Amuma Dulu & Co. Advocates for Appellant – Present online Hon. Lady Justice A. Ong’injo Judge https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/1647/eng@2023-03-02 2
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