[2002] KEHC 346 (KLR)
The court found that the plea entered was not unequivocal as the facts of the offence were not read to the applicant, and there was no evidence presented regarding his alleged nationality. Furthermore, the court lacked jurisdiction to order extradition. In light of these findings, and the absence of opposition from...
Source-derived case information.
- Citation
- [2002] KEHC 346 (KLR)
- Parties
- Appellant: Abdulrahman Handi alias Hatim Haji; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 18 of 2002
- Procedural Posture
- Criminal Application / Ruling on Application for Bail Pending Appeal and Leave to File Appeal Out of Time
- Outcome
- Leave to file appeal out of time granted; applicant released on bond pending appeal.
- Legal Topics
- Bail Pending Appeal, Leave to Appeal Out of Time, Immigration Offences, Plea Equivocality
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdulrahman Handi alias Hatim Haji
Appellant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Application for Bail Pending Appeal and Leave to File Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted bail pending appeal.
- 2 Whether leave to file an appeal out of time should be granted.
- 3 Whether the plea entered was unequivocal.
Ratio Decidendi
The court found that the plea entered was not unequivocal as the facts of the offence were not read to the applicant, and there was no evidence presented regarding his alleged nationality. Furthermore, the court lacked jurisdiction to order extradition. In light of these findings, and the absence of opposition from the State, the court determined that leave to file the appeal out of time should be granted and that the applicant should be released on bond pending the appeal. The court noted that had the appeal been admitted, it would have been allowed on these grounds.
Court Disposition
Leave to file appeal out of time granted; applicant released on bond pending appeal.
Orders
- Leave to file appeal out of time is granted.
- Applicant is released on bond of Kshs. 20,000 with one surety of a similar amount pending appeal.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPLICATION NO. 18 OF 2002
(CRIMINAL APPEAL NO. 198’B’ OF 2001)
(From Original Conviction and Sentence in Criminal Case No.4864 of 2001
of the Resident Magistrate’s Court at Mombasa –K. Muneeni –R.M.)
ABDULRAHMAN HANDI ALIAS HATIM HAJI ……….... APPELLANT
- VERSUS -
REPUBLIC ………………………………………………… RESPONDENT
R U L I N G
The Applicant seeks to be admitted to Bail pending his appeal and also for leave to file an appeal out of time. He had been charged with the offence of being unlawfully present in Kenya contrary to Section 13(2)© of the Immigration Act Cap 172. The delay in filing of the appeal as stated by his Counsel was due to the fact that non of his family members became aware of his arrest, charge and conviction until a message was send to them from the Shimo-la-Tewa prison. His Counsel submitted that the plea was non unequivocal since facts of the offence were never read to the Applicant.
Further no evidence was adduced to show he was indeed of Arab origin from Saudi Arabia.
In further submissions he says the applicant suffers from a mental disorder and prior to his arrest was undergoing treatment at the Port Reitz hospital. IN support and annexed to the Affidavit are the said treatment notes as well as copies of his birth certificate and National Identity card.
The State Counsel aid not oppose the application and pointed out that indeed the court had no jurisdiction to order for his extra diction.
I have, read the proceedings and judgement and in light of the application before me, I am in agreement with both Counsels Submissions that the plea was not unequivocal, the facts were not read out to the applicant and the court had no jurisdiction to order for an extradition. Had the appeal been admitted, I would have allowed it. However in the circumstances I do grant the leave as sought and release the applicant on Bond of Kshs.20,000/= and I surety of a similar amount pending Appeal. Appeal to be filed within 14 days.
Dated and Delivered at Mombasa this 1st day of February, 2002.
P.M. TUTUI
COMMISSIONER OF ASSIZE