John Walukhe, a Sirisisa member of parliament, applied for bail, but the director of public prosecution, backed by Alexander Muteti and Victor Awiti, petitioned the appellate court to reject it because it was hopeless.
While pleading with the three-judge bench to uphold the decisions of the High Court and lower courts, Muteti stated that the Court of Appeal lacks any justification for overturning the judgment of the lower courts and that the presumption of innocence has already been lost.
The court was informed that “Applicant was legally convicted and sentenced and is, thus, serving a valid term arising from a concurrent judgment of the subordinate court and the superior court, unless the challenged decision is overturned.”
The application does not fall under the unusual conditions that allow for the issuance of an order staying proceedings, the court was informed.
According to the ODPP, “This Court has maintained that a stay of proceedings order, particularly a stay of criminal proceedings, is made sparingly and only in exceptional case.”
According to Walukhe’s attorneys, there are 30 debatable legal arguments supporting the appeal’s resounding victory.
In order to continue serving his community, he pleaded with the court to grant him bail awaiting the outcome of his appeal.