[2013] KEHC 3679 (KLR)
The court found that the appellant had pleaded guilty to the charges in the lower court and had also been convicted in another criminal case while out on bond. The court determined that the appeal did not have overwhelming chances of success, at least on conviction, and that there was no good reason provided to show...
Source-derived case information.
- Citation
- [2013] KEHC 3679 (KLR)
- Parties
- Appellant: Hassan Mbwana Changoma; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 117 of 2012
- Procedural Posture
- Criminal Appeal / Application for Bond Pending Appeal
- Outcome
- application for bond pending appeal dismissed
- Judges
- GO Shikwe
- Legal Topics
- Bail Pending Appeal, Conviction Review, Sentencing, Risk of Absconding
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hassan Mbwana Changoma
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Bond Pending Appeal
Legal Issues
- 1 Whether the appellant is entitled to bond pending the determination of his criminal appeal.
- 2 Whether the appeal has overwhelming chances of success to justify release on bond.
- 3 Whether the appellant is likely to abscond or commit another offence if released on bond.
Ratio Decidendi
The court found that the appellant had pleaded guilty to the charges in the lower court and had also been convicted in another criminal case while out on bond. The court determined that the appeal did not have overwhelming chances of success, at least on conviction, and that there was no good reason provided to show that the appellant would not commit another offence if released on bond. Consequently, the court exercised its discretion to deny bond pending appeal, finding no merit in the application.
Court Disposition
application for bond pending appeal dismissed
Orders
- Bond pending appeal is denied.
- The appeal to be given a hearing date on priority basis at the registry.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
High Court at Mombasa
Criminal Appeal 117 of 2012 [if gte mso 9]><xml>
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(From Original Conviction and Sentence in Criminal Case No. 918 of 2010 of the Principal Magistrate’s Court at Kwale – A.O. Aminga (RM))
HASSAN MBWANA CHANGOMA ………….………....…. APPELLANT
- Versus -
REPUBLIC …………………………………………….… RESPONDENT
RULING
This is an application for bond pending determination of an appeal filed before this Court. It is brought under Section 357(1) of the Criminal Procedure Code and Article 49(1)(h) of the Constitution.
The grounds are that the appeal has overwhelming chances of success and that while in the lower Court the Applicant did not abscond.
In his supporting affidavit the Applicant depones that in the year 2010 he was charged in Criminal Case No. 918 of 2010 at Kwale Law Courts and subsequently convicted and sentenced to 5 years imprisonment on the 1st count and one year on the 2nd count which sentences were to run concurrently.
The following year 2011 he was arrested while out on bond and charged in Criminal Case No. 280 of 2011 was convicted and sentenced to six years imprisonment on the 1st Count, 2nd Count 18 months. Sentence to run concurrently.
It is his contention that while on bond on both cases he did not abscond. I have perused the records of the lower Court.
The Appellant pleaded guilty to the charges. The appeal does not have high chances of success at least on conviction. It is not in dispute that while out on bond after having been convicted in another case, he was arrested, charged and convicted in this case.
There is no good reason given showing that if released on bond he would not commit another offence (reforce).
The application for bond has no merit. Bond is denied but appeal to be given a hearing date on priority basis at the registry.
Judgement read and delivered in open Court this 24th day of April, 2013.
M. MUYA
JUDGE
In the presence of:-
Miss Okwengu for State
Mr. Magolo holding brief for Mwaboza for the Accused
Court clerk – Mr. Musundi
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