DPP urges Court to reject MP Waluke's bail application

Muteti while urging the three judge bench to uphold the High Court and lower court decision said that the Court of Appeal has no basis of disturbing the lower court decision adding that the presumption of innocence has already been lost .

"Applicant was properly convicted and sentenced and is therefore, until the impugned decision is  overturned, serving a lawful sentence emanating from a concurrent finding of the subordinate  court and the superior court," court was told.

The court was told that the Application does not fit in the exceptional circumstances under which an order staying  proceedings may be issued. 

"This Court has held that an order for stay of proceedings, particularly  stay of criminal proceedings is made sparingly and only in exceptional circumstance," says the ODPP

Walukhe through his lawyers say that there are 30 arguable legal points to the overwhelming success of the appeal.

He urged the court to release him on bail pending the outcome of his appeal so that he can continue serving his people.