[2014] KEHC 2028 (KLR)
The court found that the appellant had been sentenced to three years imprisonment on 19th May, 2014, and there was little likelihood that he would serve the full sentence before his appeal was heard and determined. The appellant did not deny receiving the money but claimed he was robbed and reported the matter to...
Source-derived case information.
- Citation
- [2014] KEHC 2028 (KLR)
- Parties
- Appellant: Khalid Abdallah Abdulrehman; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 127 of 2014
- Procedural Posture
- Criminal Appeal / Ruling on Application for Bond Pending Appeal
- Outcome
- Application for bond pending appeal allowed.
- Judges
- GO Shikwe
- Legal Topics
- Bail Pending Appeal, Exceptional Circumstances, Right to Liberty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Khalid Abdallah Abdulrehman
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Application for Bond Pending Appeal
Legal Issues
- 1 Whether the appellant should be admitted to bond pending the determination of his criminal appeal.
- 2 Whether there exist exceptional or unusual circumstances justifying release on bond pending appeal.
Ratio Decidendi
The court found that the appellant had been sentenced to three years imprisonment on 19th May, 2014, and there was little likelihood that he would serve the full sentence before his appeal was heard and determined. The appellant did not deny receiving the money but claimed he was robbed and reported the matter to the police. Considering these factors, the court held that this was a fit case for admission to bond pending appeal, as the circumstances justified the exercise of discretion in the appellant's favour.
Court Disposition
Application for bond pending appeal allowed.
Orders
- The appellant is admitted to bond pending appeal on a bond of Kshs. 500,000 with one surety of similar amount.
- Hearing date for the main appeal to be taken at the registry within thirty (30) days from the date of the ruling.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO. 127 OF 2014
KHALID ABDALLAH ABDULREHMAN ..............................….. APPELLANT
VERSUS
REPUBLIC ……….……....................................................…RESPONDENT
(From original Conviction and Sentence in Criminal Case No.2445 of 2011 of the Chief Magistrate's Court at Mombasa – Hon. Gandani - SPM)
RULING
The Notice of Motion Application dated the 9th day of July, 2014 and which is expressed to be brought under article 22, 29, 165 of the Constitution and Section 124 of the Criminal Procedure Code seeks orders for the admission of the Appellant to bond pending the determination of his appeal.
The grounds are that the intended appeal has high chances of success and that it presents special circumstances.
In the case of Somo –Vs – Republic 1972 EALR page 476 it was held,
“The question is whether there are exceptional or unusual circumstances
(ii) That the Appellant is of good character, that the appeal has been admitted for hearing, that the offence did not involve personal violence are not exceptional or unusual circumstances.
(iii) The most important ground is that the appeal has an overwhelming chance of being successful. In that case there is no justification for depriving the applicant of his freedom”.
In the present case, the Appellant was convicted for the offence of stealing by agent contrary to section 283 of the penal Code and was Sentenced to three (3) years imprisonment.
I have perused the record of proceedings and its noted that the appellant was Sentenced to three (3) years imprisonment on 19th May, 2014. There is little likelihood that he will serve the three years before his appeal is heard and determined. The Appellant did not deny having received the money on behalf of the complainant but he states that he was robbed and he reported the matter to police. I find that this is a fit case for the admission of the appellant on bond pending appeal. He may be released on a bond of Kshs. 500,000/= with one surety of similar amount.
Ruling delivered and signed this 5th day of November, 2014.
…....................
M. MUYA
JUDGE
5TH NOVEMBER, 2014
In the presence of:-
Learned Counsel for the Director of Public Prosecution
Learned Counsel for the Appellant Mr. Egunza
Appellant (Absent)
Court clerk Musundi
Further Orders:
Hearing date for the main appeal to be taken at the registry within thirty (30) days from today.
…...................
M. MUYA
JUDGE
5TH NOVEMBER, 2014