[2014] KEHC 4268 (KLR)
The court found that the appellant, having been convicted on his own plea of guilty and sentenced to three months imprisonment, did not serve the sentence as he was admitted to bail pending appeal. Upon dismissal of the appeal for non-attendance, the court held that the appellant must now serve the original...
Source-derived case information.
- Citation
- [2014] KEHC 4268 (KLR)
- Parties
- Appellant: Ali Hassan Abdi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 60 of 2013
- Procedural Posture
- Criminal Appeal / Ruling After Dismissal of Appeal
- Outcome
- Appeal dismissed; original sentence to be served.
- Legal Topics
- Appeal Dismissal, Sentence Enforcement, Bail Pending Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ali Hassan Abdi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling After Dismissal of Appeal
Legal Issues
- 1 Whether the appellant served the sentence imposed by the lower court after conviction on plea of guilty.
- 2 Whether the dismissal of the appeal necessitates enforcement of the original sentence.
Ratio Decidendi
The court found that the appellant, having been convicted on his own plea of guilty and sentenced to three months imprisonment, did not serve the sentence as he was admitted to bail pending appeal. Upon dismissal of the appeal for non-attendance, the court held that the appellant must now serve the original sentence. The court further ordered the appellant's arrest and committal to custody to begin serving the sentence, and directed the Office of the Director of Public Prosecutions to investigate the status of the co-accused regarding service of sentence.
Court Disposition
Appeal dismissed; original sentence to be served.
Orders
- The appellant shall be arrested and placed in custody to serve the three month sentence imposed by the lower court.
- The Office of the Director of Public Prosecutions is directed to investigate the whereabouts of Mr. Bashir Mohamed Somo and determine if he has served his sentence, failing which appropriate action should be taken.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARISSA
CRIMINAL APPEAL NO. 60 OF 2013
Being appeal from original conviction and sentence by Senior Resident Magistrate at Mwingi (Mr. H.M. Nyaberi, SRM as he then was) in Criminal Case No. 107 of 2011
ALI HASSAN ABDI……………………………………APPELLANT
VERSUS
REPUBLIC…………...………………………………RESPONDENT
RULING
This court has already dismissed the appeal filed on 6th May 2014. This followed failure of the appellant to attend court on 26th June 2014 to prosecute the case. Following that dismissal, counsel for the respondent alerted the court that the appellant had not served the sentence imposed by the lower court because he had been on bond pending hearing and determination of this appeal. I adjourned the case for ruling on 30th June 2014 to give me time to read the file.
I have read the record of the court file. The appellant was convicted on his own plea of guilty and sentenced to serve three (3) months imprisonment. This was on 7th February 2011.
Thereafter, his counsel on record applied that the appellant be admitted to bail pending hearing and determination of an intended revision. The court allowed the application and admitted the appellant and his co-accused to Kshs 50,000 with a surety of like amount.
The two convicts in the lower court filed Criminal Revision No. 4 of 2011 at Machakos. It was heard and determined on 15th June 2012. The Revision was dismissed. The judge did not address the issue of sentence yet to be served.
The appellant filed this appeal but it is not known what became of the other convict Mr. Bashir Mohamed Somo.
I have confirmed that it is true that the appellant did not serve sentence imposed on him. Having dismissed this appeal, the appellant shall automatically serve the sentence imposed by the lower court. This court orders that he be arrested and placed in custody to start serving the three month sentence. The Office of the Director of Public Prosecutions are also directed to cause investigations into the whereabouts of Mr. Bashir Mohamed Somo to determine if he has served the sentence imposed on him failing which appropriate action be taken against him. It is so ordered.
Dated, signed and delivered this 30th June 2014.
S.N.MUTUKU
JUDGE