[2012] KEHC 53 (KLR)
The court found that the applicant had demonstrated an arguable appeal with a probability of success, particularly on the ground of alleged procedural breach regarding Section 211 of the Criminal Code. The absence of a substantive response from the respondent and the court's own review of the trial record led to the...
Source-derived case information.
- Citation
- [2012] KEHC 53 (KLR)
- Parties
- Applicant: Edin Nurrow Mohamud; Respondent: Republic of Kenya
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application 66 of 2013
- Procedural Posture
- Criminal Miscellaneous Application / Bail Pending Appeal
- Outcome
- Application for bail pending appeal allowed.
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Bail Pending Appeal, Breach of Procedure, Non Compliance With Statutory Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Edin Nurrow Mohamud
Applicant
Republic of Kenya
Respondent
Procedural Posture
Criminal Miscellaneous Application / Bail Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to bail pending appeal.
- 2 Whether there was a breach of procedure, specifically non-compliance with Section 211 of the Criminal Code.
Ratio Decidendi
The court found that the applicant had demonstrated an arguable appeal with a probability of success, particularly on the ground of alleged procedural breach regarding Section 211 of the Criminal Code. The absence of a substantive response from the respondent and the court's own review of the trial record led to the conclusion that bail pending appeal was justified. The court exercised its discretion to grant bail, considering the likelihood of success on appeal and the interests of justice.
Court Disposition
Application for bail pending appeal allowed.
Orders
- The applicant shall be released on executing a bond of Kshs. 500,000 with one surety of equal sum or by depositing cash bail of Kshs. 200,000.
- The applicant shall deposit his passport with the court.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
Criminal Miscellaneous Application 66 of 2013 [if gte mso 9]><![endif]
EDIN NURROW MOHAMUD ………………………………..APPLICANT
VERSUS
REPUBLIC OF KENYA ………………………………… …RESPONDENT
RULING
The applicant was convicted of the offence of breaking into a go- down and committing a felony contrary to Section 306 (a) of the Penal code and sentenced to five years imprisonment. Before me is an application for bail pending appeal filed by the applicant by way of Notice of Motion supported by the grounds appearing on the face of the application an affidavit sworn by the applicant.
Upon directions given by the court the applicant filed written submissions but there was no reply by the republic. The record shows that the learned counsel for the republic was served with the said submissions and upon perusal submitted that if the basic complaint by the applicant is breach of procedure and in particular non-compliance with Section 211 of the Criminal Code, then they needed not reply.
On my part, I have gone through the record before the resting with the judgment of the learned trial magistrate. Having done so, I have formed the view that there is an arguable appeal with a probability of success even if a retrial were to be sought by the prosecution. Having so observed, I find that the application succeeds and that the applicant shall be released on bail as prayed in his application. Accordingly the applicant shall be released on executing a bond of Kshs. 500,000/= with one surety of equal sum or by depositing cash bail of Kshs. 200,000/=. He shall also deposit his passport with the court.
Orders accordingly.
SIGNED DATED and DELIVERED in open court this 18th day of March, 2012.
A.MBOGHOLI MSAGHA
JUDGE
[if gte mso 9]><xml>
Normal 0
false false false
EN-US X-NONE X-NONE
</xml><![endif][if gte mso 9]><![endif][if gte mso 10]> <style> /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-style-parent:""; line-height:115%; font-size:11. 0pt;"Calibri","sans-serif";} </style> <![endif]