RULING OF THE COURT
Before us is an application by way of Notice of Motion expressed as having been brought “Under Order 5(2)(a) of the Rules of Court of Appeal and Section 379(4) of The Criminal Procedure Code.” In this application, the applicant BONIFACE NGANGA, seeks the following reliefs:-
“(a) The applicant herein be admitted to bail pending the hearing and determination of the appeal in Criminal Appeal No. 13 of 2008.
(b) There be a stay of the execution of the sentence imposed pending the hearing of this appeal.”
On the outset we wish to point out that we do not have such a thing as “Order 5(2)(a) of the Rules of Court of Appeal.” What we have is rule 5(2)(a) of the Court of Appeal Rules.
This application came up for hearing before us on 18th November, 2008 when Mr. E. Oduk appeared for the applicant, while Mr. B.L. Kivihya, appeared for the State. In his submissions, Mr. Oduk contended that there were overwhelming chances of the applicant’s appeal succeeding, in that the applicant’…