[2009] KEHC 2947 (KLR)
The court found that the sentence imposed on the appellants appeared prima facie illegal. To prevent the appellants from serving a potentially unlawful sentence while awaiting the determination of their appeal, the court exercised its discretion to grant bail pending appeal. The court considered that the interests...
Source-derived case information.
- Citation
- [2009] KEHC 2947 (KLR)
- Parties
- Appellant: Abdi Yusuf; Appellant: Hussein Adan; Appellant: Siyad Yusufu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 89 of 2009
- Procedural Posture
- Criminal Appeal / Application for Bail Pending Appeal
- Outcome
- Application for bail pending appeal allowed.
- Legal Topics
- Bail Pending Appeal, Illegal Sentence, Interim Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdi Yusuf
Appellant
Hussein Adan
Appellant
Siyad Yusufu
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Bail Pending Appeal
Legal Issues
- 1 Whether the appellants are entitled to bail pending appeal.
- 2 Whether the sentence imposed on the appellants is prima facie illegal.
Ratio Decidendi
The court found that the sentence imposed on the appellants appeared prima facie illegal. To prevent the appellants from serving a potentially unlawful sentence while awaiting the determination of their appeal, the court exercised its discretion to grant bail pending appeal. The court considered that the interests of justice required the appellants' release on bail, subject to the deposit of a specified cash bail amount, to ensure their attendance at the next mention of the appeal.
Court Disposition
Application for bail pending appeal allowed.
Orders
- The appellants may be released on bail pending appeal if each deposits Kshs. 8,000/= cash bail.
- Upon deposit, the appellants shall be released to appear before the court on 14th July 2009 for mention to ascertain the status of the appeal.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Criminal Appeal 89 of 2009
1. ABDI YUSUF
2. HUSSEIN ADAN
3. SIYAD YUSUFU…………………………….……….APPELLANTS
VERSUS
REPUBLIC…………………………………………RESPONDENTS
RULING
I have perused the record of the Lower Court and also heard counsel upon the application for bail pending appeal. Having done so, I am persuaded that the order sought by the appellants is deserved. I say so, because the sentence imposed upon the appellants would prima facie seem illegal.
If this appeal is heard in the normal manner the appellants will in the interim be serving what may turn out to be an illegal sentence.
In the premises, I allow the application by way of Chamber Summons dated 4th June 2009. The appellants may be released on bail pending appeal if they each deposit Kshs. 8,000/= cash bail. Should they make the deposit,
they should be released to appear before this court on 14th July 2009 when this case will be mentioned to ascertain the status of the Appeal.
F. AZANGALALA
JUDGE
9TH JUNE 2009