Julius Bwire Sioka v Republic

Sioka v Republic (Criminal Appeal E070 of 2025) [2026] KEHC 1054 (KLR) (2 February 2026) (Ruling) Neutral citation: [2026] KEHC 1054 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BUSIA CRIMINAL APPEAL E070 OF 2025 WM MUSYOKA, J FEBRUARY 2, 2026 BETWEEN JULIUS BWIRE SIOKA ........................................................................... APPELLANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The application, that I am called upon to determine, is the Motion, dated 13th November 2025. It seeks admission to bond/bail, pending appeal. 2. At this level, admission to bond/bail is not automatic. It is not a constitutional right. There is no presumption of innocence, for the appellant is, in fact, a convicted person. 3. According to Arvind Patel v Uganda [2003] UGS 25 (Oder, JSC) and Samuel Macharia Njagi v Republic [2013] eKLR (Abuodha, J), one of the factors, that would disentitle an appellant to bail/ bond pending appeal, is where the ofience, for which he was convicted, involved personal violence. 4. The appellant herein has been convicted on 3 counts: 2 of assault and 1 of malicious damage to property. He was convicted of assaulting 2 individuals, and causing them actual bodily harm, and he was sentenced to a fine, with imprisonment in default. 5. Assault, causing actual bodily harm, is an ofience involving personal violence. In view of that, bail/ bond pending appeal cannot possibly be available to the appellant. 6. There can be no merit in the Motion, dated 13th November 2025, in the circumstances, and I hereby dismiss the same. 7. The matter shall be mentioned on 18th February 2026, for directions on the disposal of the appeal. Orders accordingly. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1054/eng@2026-02-02 1

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