[2009] KEHC 2029 (KLR)
The court found that the applicant was sentenced to three months community service, and there was a real possibility that he would complete the sentence before the appeal was heard. This would render the appeal nugatory if successful. The court was satisfied that the interests of justice required a stay of execution...
Source-derived case information.
- Citation
- [2009] KEHC 2029 (KLR)
- Parties
- Appellant: Alvin Kamande Njenga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 365 of 2009
- Procedural Posture
- Criminal Appeal / Application for Stay of Execution Pending Appeal
- Outcome
- Stay of execution of sentence granted pending appeal, conditional on deposit of security.
- Judges
- GG Okwengu
- Legal Topics
- Stay of Execution, Bail Pending Appeal, Sentencing, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alvin Kamande Njenga
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to a stay of execution of the sentence pending appeal.
- 2 Whether the appeal has overwhelming chances of success justifying the stay.
- 3 Whether the applicant will suffer irreparable harm if the stay is not granted.
Ratio Decidendi
The court found that the applicant was sentenced to three months community service, and there was a real possibility that he would complete the sentence before the appeal was heard. This would render the appeal nugatory if successful. The court was satisfied that the interests of justice required a stay of execution of the sentence pending the hearing and determination of the appeal, on condition that the applicant deposits Kshs.10,000 as security. The stay was therefore granted to prevent the appeal from being rendered academic.
Court Disposition
Stay of execution of sentence granted pending appeal, conditional on deposit of security.
Orders
- The sentence imposed on the applicant is suspended pending the hearing and determination of the appeal.
- The applicant shall deposit a sum of Kshs.10,000 into court as security.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Criminal Appeal 365 of 2009
ALVIN KAMANDE NJENGA....………….. APPELLANT
VERSUS
REPUBLIC…………….………………....RESPONDENT
RULING
1. The applicant seeks an order for stay of execution of a sentence of imprisonment for 3 months which was imposed upon him by the Resident Magistrate, Limuru on 17th August, 2009.
2. The main grounds upon which the application is anchored, is the alleged fact that the appeal has overwhelming chances of success. The applicant further contends that should he succeed on appeal without the prayers being granted, he would suffer a conviction and serve a sentence whose legality he has challenged.
3. It is evident that the applicant was sentenced to serve 3 months community service. The possibility of the applicant serving that sentence to completion before his appeal is heard is therefore a very real possibility. I would therefore allow the appeal and suspend the sentence of the applicant pending the hearing and determination of his appeal, on condition that the applicant deposits a sum of Kshs.10,000/= into Court as security.
Those shall be the orders of the Court.
Dated and delivered at Nairobi this 17th day of September, 2009.
H. M. OKWENGU
JUDGE
In the presence of:
………………………………for the appellant/applicant
………………….……….….……..for the respondent