[2018] KEHC 2204 (KLR)
The court found that although the appellant's medical report recommended further investigation and management, it did not state that the required treatment could not be provided through referral to an appropriate medical facility while in custody. The court also noted that the appeal was already heard and pending...
Source-derived case information.
- Citation
- [2018] KEHC 2204 (KLR)
- Parties
- Appellant: Mohamed Athman Abdi Alias Energizer; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Garsen
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 27 of 2018
- Procedural Posture
- Criminal Appeal / Ruling on Application for Bail Pending Judgment
- Outcome
- application dismissed
- Judges
- CC Kipkorir
- Legal Topics
- Bail Pending Appeal, Medical Grounds for Bail, Life Imprisonment, Review of Bail Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohamed Athman Abdi Alias Energizer
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Application for Bail Pending Judgment
Legal Issues
- 1 Whether the appellant should be released on bail pending delivery of judgment on medical grounds.
- 2 Whether the appellant's medical condition necessitates release from prison custody for treatment.
- 3 Whether the appeal's likelihood of success justifies bail at this stage.
Ratio Decidendi
The court found that although the appellant's medical report recommended further investigation and management, it did not state that the required treatment could not be provided through referral to an appropriate medical facility while in custody. The court also noted that the appeal was already heard and pending judgment, and the appellant was serving a life sentence, making delay unlikely to render the appeal nugatory. The application was therefore not merited on either medical or procedural grounds, and was dismissed.
Court Disposition
application dismissed
Orders
- The application for bail pending judgment is dismissed.
- The appellant shall continue serving sentence pending judgment in his appeal.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARSEN
CRIMINAL APPEAL NO 27 OF 2018
MOHAMED ATHMAN ABDI Alias ENERGIZER....APPELLANT
VERSUS
REPUBLIC....................................................................RESPONDENT
RULING
1. This appeal has been heard and is pending judgment. The appellant has however made an application to be released on bail pending delivery of the judgment on grounds that he was unwell. Mr. Omwancha for the appellant submitted that the appellant was in need of medical care which was not available in prison custody. He showed the court the treatment notes in respect to the appellant.
2. Mr. Kasyoka for the state submitted that he had no position on the matter and left it to the court.
3. I have considered the application. This in fact is a review application. The appellant had initially filed an application for bail pending appeal. That application was declined and the court instead directed that the appeal be filed and fast tracked. Following the court’s directions, the appellant did file the record and the appeal was heard expeditiously. It is now pending judgment.
4. In the present application the appellant states that he was in need of medical care outside the prison. I have looked at the medical report. It recommends further investigation and management of the condition the appellant suffers from. While it is true that the appellant would access better medical care outside prison the document he submitted from the medical clinic does not say that he cannot be referred to an appropriate medical facility. This ground therefore fails.
5. It is the appellant’s submission that the appeal has a high chance of success and that therefore it would be rendered nugatory. I will not comment on the submission with respect to the probability of the appeal succeeding or not for the simple reason that the appeal is now pending judgment. Nonetheless, I observe that the appellant was sentenced to life imprisonment. There is no chance therefore that there would be such delay in the conclusion of the appeal as to render the appeal nugatory.
6. For those reasons, I am not persuaded that the application is merited. It is dismissed. The appellant shall continue serving sentence pending judgment in his appeal.
Orders accordingly.
Ruling delivered dated and Signed at Garsen on 19th day of November 2018.
................................
R.LAGAT KORIR
JUDGE
In the presence of:-
.............................C/A
.............................Appellant
.............................For Appellant
..............................For Respondent