[2022] KEHC 763 (KLR)
The court found that, based on the social inquiry report, the appellant had not completed her term and was not ripe for release. The court emphasized that the appellant could continue her studies within the controlled environment of the institution, and that her history of truancy and misconduct justified continued...
Source-derived case information.
- Citation
- [2022] KEHC 763 (KLR)
- Parties
- Appellant: KM; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E044 of 2021
- Procedural Posture
- Criminal Appeal / Ruling on Application for Bond Pending Appeal
- Outcome
- Application for bond pending appeal kept in abeyance; to be revisited after KCPE exams.
- Legal Topics
- Bond Pending Appeal, Juvenile Justice, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
KM
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Application for Bond Pending Appeal
Legal Issues
- 1 Whether the appellant, a minor, should be released on bond pending appeal.
- 2 Whether continued incarceration is in the best interests of the child.
Ratio Decidendi
The court found that, based on the social inquiry report, the appellant had not completed her term and was not ripe for release. The court emphasized that the appellant could continue her studies within the controlled environment of the institution, and that her history of truancy and misconduct justified continued placement. The application for release on bond pending appeal was therefore kept in abeyance, with the possibility of revisiting the application after the appellant sat for her KCPE exams at the end of the year. The best interests of the child, including her educational needs and behavioral history, were central to the court's decision.
Court Disposition
Application for bond pending appeal kept in abeyance; to be revisited after KCPE exams.
Orders
- The application dated 25/05/2021 is kept in abeyance.
- The matter to be mentioned on 6/12/2022.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO. E044 OF 2021
KM ...................................................................................................APPELLANT
VERSUS
REPUBLIC....................................................................................RESPONDENT
R U L I N G
1. B application dated 25/5/2021 the Appellant a minor committed to [Particulars Withheld] Institution for 3 years for offence of escape in Tononoka Children’s Court. CR. Case No. EXXX of 2021 sought to be released on bond pending appeal as her appeal has high chances of success.
2. It was argued that it is in best interest of the appellant child not to be incarcerated for a long time. Mr. Egunza Advocate for the appellant urged the court to have appellant released so that she does not lose opportunity to get an education.
3. This court called for social inquiry from the County Children’s Officer and the same was filed on 29th March 2022. The said report indicates that the biological father of the Appellant/Applicant was 16 years old when she was conceived and her 15 years old mother gave her out to her guardians MM and MSA who are related to her M grandfather.
4. That her father was a drug addict and has been absent in the entire time of the subjects development period and cannot be traced. It is not explained how MS the deponent of supporting affidavit to application dated 25/05/2021 is related to the applicant/Appellant.
5. From the Social inquiry Report, it is obvious that the appellant has not yet completed her term and she is not ripe for release particularly considering that she can now take her studies within a controlled environment.
6. This court orders that the application for release may be revisited after the applicant has sat for her KCPE exams at the end of the year given that she has so far gone to 5 different schools from what has been said to be as a result of misconduct and/or truancy on her part.
7. The Application dated 25/05/2021 is therefore kept in abeyance.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 5TH DAY OF APRIL 2022
HON. LADY JUSTICE A. ONG’INJO
JUDGE
IN THE PRESENCE OF:-
OGWEL- COURT ASSISTANT
SUBJECT - PRESENT IN PERSON
ADVOCATE FOR THE SUBJECT – MR. EGUNZA
MR. NGIRI FOR STATE
HON. LADY JUSTICE A. ONG’INJO
JUDGE
COURT – MENTION ON 6/12/2022
HON. LADY JUSTICE A. ONG’INJO
JUDGE