[2012] KEHC 4852 (KLR)
The court found that the applicant's appeal had a reasonable chance of success, as conceded by the respondent and based on the circumstances of identification and alibi raised. The court determined that it was in the interest of justice to grant bail pending appeal, noting that detailed analysis of the merits should...
Source-derived case information.
- Citation
- [2012] KEHC 4852 (KLR)
- Parties
- Applicant: Hassan Abdullahi Abdi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 110 of 2012
- Procedural Posture
- Miscellaneous Application / Ruling on Bail Pending Appeal
- Outcome
- bail granted pending appeal
- Legal Topics
- Bail Pending Appeal, Malicious Damage to Property, Identification Evidence, Conviction and Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hassan Abdullahi Abdi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to bail pending appeal.
- 2 Whether the appeal has reasonable chances of success.
- 3 Whether the interests of justice require the applicant's release on bail.
Ratio Decidendi
The court found that the applicant's appeal had a reasonable chance of success, as conceded by the respondent and based on the circumstances of identification and alibi raised. The court determined that it was in the interest of justice to grant bail pending appeal, noting that detailed analysis of the merits should be reserved for the appellate hearing to avoid prejudicing the appeal. Accordingly, the applicant was granted bail on specified terms.
Court Disposition
bail granted pending appeal
Orders
- The applicant be set free pending the hearing and determination of his appeal if he pays a cash bail of Kshs.150,000/-.
- In the alternative, the applicant may execute a Personal Bond of Kshs.300,000/- with one surety of like sum.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
MISC. APPLICATION NO. 110 OF 2012
HASSAN ABDULLAHI ABDI........................................................................................APPLICANT
VERSUS
REPUBLIC...............................................................................................................RESPONDENT
R U L I N G
The applicant, HASSAN ABDULLAHI ABDI, was convicted for the offence of Malicious Damage to property contrary to section 339 (1) as read with section 339 (3) of the Penal Code. The trial court then sentenced him to 3 years imprisonment.
Having lodged an appeal to challenge both the conviction and sentence, the applicant now seeks bail pending the hearing and determination of the said appeal.
The applicant is said to have been in a group of about 35 people who demolished the complainant’s house. The demolition is said to have taken place on 1st May 2011, at Bulla Geneva, in Mandera.
Of the 35 people who participated in the demolition, six (6) were arrested and charged. However, only two (2) of the six persons were convicted.
The two included the applicant, who had been the 5th accused during the trial. Each of the two convicted persons was sentenced to 3 years imprisonment.
The applicant has filed an appeal to challenge both the conviction and sentence. And whilst awaiting the hearing and determination of the said appeal, the applicant now seeks bail.
He submitted that his appeal has overwhelming chances of success.
As far as the applicant is concerned, the identification was doubtful, as the demolition took place in an incomplete house, which had no lighting. He also said that none of the alleged witnesses had known him prior to the incident.
In any event, he was said to have been at Emoly, which is a township situated about 250 kilometres from Mandera, where the incident took place.
The respondent conceded the application. Ms Maina, learned state counsel, submitted that the appeal had good chances of success.
At this stage, it is important that the court does not make findings that will put the Judge who will hear the appeal, in a difficult spot.
I will therefore not spell out herein my analysis of the submissions on the strength or otherwise of the appeal, save that I consider the appeal to have a reasonable chance of success. It is therefore in the interest of justice to grant bail to the applicant.
I now order that the applicant be set free pending the hearing and determination of his appeal, if he pays a cash bail of Kshs.150,000/. In the alternative, he may execute a Personal Bond of Kshs.300,000/- with one surety of like sum.
Dated, Signed and Delivered at Nairobi this 26th day of April, 2012.
...................................
FRED A. OCHIENG
JUDGE