[2010] KEHC 3355 (KLR)
The court found that although the appellant was unwell and required ongoing medical treatment, he was able to access such treatment while in remand. The appellant's admission of having another pending case, coupled with the respondent's assertion of multiple pending cases, led the court to conclude that the...
Source-derived case information.
- Citation
- [2010] KEHC 3355 (KLR)
- Parties
- Appellant: Arif Ahmed Ali Hussein Shah; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 165 of 2009
- Procedural Posture
- Criminal Appeal / Ruling on Bail Pending Appeal
- Outcome
- bail pending appeal denied; directions given for medical care in remand
- Judges
- JV Juma
- Legal Topics
- Bail Pending Appeal, Flight Risk, Medical Grounds for Bail
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Arif Ahmed Ali Hussein Shah
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the appellant should be granted bail pending the hearing and determination of his criminal appeal.
- 2 Whether the appellant's medical condition justifies release on bail.
- 3 Whether the appellant poses a flight risk due to other pending cases.
Ratio Decidendi
The court found that although the appellant was unwell and required ongoing medical treatment, he was able to access such treatment while in remand. The appellant's admission of having another pending case, coupled with the respondent's assertion of multiple pending cases, led the court to conclude that the appellant was a high flight risk. Consequently, the court determined that this was not a suitable case for granting bail pending appeal. However, the court recognized the appellant's medical needs and directed that he be allowed to be seen and attended to by his personal physician while in custody.
Court Disposition
bail pending appeal denied; directions given for medical care in remand
Orders
- The application for bail pending appeal is denied.
- Prison authorities are directed to allow the appellant to be seen and attended to by his personal physician.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
Criminal Appeal 165 of 2009
ARIF AHMED ALI HUSSEIN SHAH ………….........………………. APPELLANT
VERSUS
REPUBLIC ………………………………………………………… RESPONDENT
RULING
The Applicant herein ARIF AHMED ALI HUSSEIN SHAH filed this Notice of Motion on 6th November 2009 seeking to be granted bail pending the hearing and determination of his appeal. The Applicant relied wholly on the grounds on the face of his application as well as annexed medical documents. Mr. Onserio learned State counsel gave oral submissions opposing the granting of bail to the Applicant whom he termed as “high flight risk”.
I have carefully considered this application and I have carefully perused the attached medical documents. I have no doubt that the Appellant is indeed unwell and is in need of continued treatment. However as pointed out by Mr. Onserio the Applicant is able to access treatment whilst in remand and indeed has been doing so. Mr. Onserio argues that the Applicant has several other cases pending and is therefore a high flight risk. The Applicant concedes in his reply that he does have one case pending before the Nairobi Law Courts. The fact that the Applicant has other cases does in my view make him a high flight risk.
All in all having considered all relevant factors I find that this is not a case suitable for bond pending appeal. The Applicant will remain in remand for the pendancy of his appeal. However in recognition of the fact that the Applicant underwent major surgery in 2003 and is under medication I do hereby direct prison authorities to allow the Appellant to be seen and attended to by his personal physician.
Dated and Delivered at Mombasa this 23rd day of February 2010.
M. ODERO
JUDGE
23/2/2010