[2014] KEHC 5071 (KLR)
The court found that the probation report was unfavourable to the applicant and that there were no special circumstances to justify probation placement pending appeal. The court further noted that the appeal was not complex and could be heard expeditiously. Consequently, the application for probation placement was...
Source-derived case information.
- Citation
- [2014] KEHC 5071 (KLR)
- Parties
- Appellant: Mohamed Abbas Abdallah; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 102 of 2014
- Procedural Posture
- Criminal Appeal / Ruling on Application for Probation Placement Pending Appeal
- Outcome
- application dismissed; appeal to be prioritized for hearing
- Judges
- GO Shikwe
- Legal Topics
- Narcotic Possession, Probation Reports, Borstal Commitment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohamed Abbas Abdallah
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Application for Probation Placement Pending Appeal
Legal Issues
- 1 Whether the applicant should be placed on probation pending appeal.
- 2 Whether there are special circumstances warranting probation placement.
Ratio Decidendi
The court found that the probation report was unfavourable to the applicant and that there were no special circumstances to justify probation placement pending appeal. The court further noted that the appeal was not complex and could be heard expeditiously. Consequently, the application for probation placement was dismissed for lack of merit, but the court ordered that the appeal be given priority in hearing.
Court Disposition
application dismissed; appeal to be prioritized for hearing
Orders
- The application for probation placement is dismissed.
- The appeal shall be given priority in hearing.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO. 102 OF 2014
MOHAMED ABBAS ABDALLAH …...........................….…..…..APPELLANT
VERSUS
REPUBLIC ……….…….......................................................…RESPONDENT
(From the Original Conviction and Sentence in the Criminal Case No. 19 of 2014 of the Children's Court at Tononoka Hon. B. Koech - RM)
RULING
The Applicant MOHAMED ABASS ABDALLA was Convicted and Committed to Borstal Intuitionist for three (3) years.
I have perused the probation report which was unfavourable to probation placement. Counsel for the applicant contends that its speculative. The appellant pleaded guilty to the charge of being in possession of Narcotic drugs.
It is noted that this is not a complex appeal which can take unduly long to be heard and determined.
There are no special circumstances in this case.
I find that the application has no merit but its ordered that the appeal to be given priority in hearing.
Ruling delivered and dated this 22nd day of May, 2014.
….............
M. MUYA
JUDGE
22ND MAY, 2014
In the presence:-
Learned Counsel for the State Mr. Mureithi
Learned defence Counsel Mr. Were
Court clerk Musundi