[2011] KEHC 346 (KLR)
The court found that the appellant was convicted by a properly constituted court of law and that the age-assessment report produced during trial indicated he was 18 years old. The court was not persuaded by the new evidence on age presented after conviction, especially as it was not availed to the trial court. No...
Source-derived case information.
- Citation
- [2011] KEHC 346 (KLR)
- Parties
- Appellant: Musyoka Musyoki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 454 of 2010
- Procedural Posture
- Criminal Appeal / Application for Bail Pending Appeal
- Outcome
- application for bail pending appeal denied
- Judges
- JV Juma
- Legal Topics
- Bail Pending Appeal, Age of Majority, Conviction, Sentencing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Musyoka Musyoki
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Bail Pending Appeal
Legal Issues
- 1 Whether the appellant is entitled to bail pending appeal.
- 2 Whether the appellant was a minor at the time of conviction.
Ratio Decidendi
The court found that the appellant was convicted by a properly constituted court of law and that the age-assessment report produced during trial indicated he was 18 years old. The court was not persuaded by the new evidence on age presented after conviction, especially as it was not availed to the trial court. No exceptional or unusual circumstances were demonstrated to warrant the grant of bail pending appeal. Accordingly, the application for bail pending appeal was denied.
Court Disposition
application for bail pending appeal denied
Orders
- The application for bail pending appeal is denied.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO. 454 OF 2010
(From Original Conviction and Sentence in Criminal Case No. 19 of 2008 of the Senior Resident Magistrate’s Court at Kwale: Ogembo D.O. – P.M.)
MUSYOKA MUSYOKI ………………………….......................………………… APPELLANT
=VERSUS=
REPUBLIC ………………………………………............………………….. RESPONDENT
RULING
Before me is an application made for bail pending appeal. At this point it is not my duty to delve into the merits or otherwise of the intended appeal. Ms. Waweru for the Applicant argues that the Appellant was 16 years and therefore a minor at the time of his conviction. However an age-assessment report produced during his trial indicates that he was 18 years. It is curious why the ‘evidence’ on age held by the Appellant’s mother was not availed to the trial court. Why is it being raised now after his conviction? I am not persuaded on this point. The Applicant stands convicted by a properly constituted court of law. I see no reason to suspend his sentence. I therefore deny this application for bail pending appeal.
Dated and Delivered in Mombasa this 1st day of December 2011.
M. ODERO
JUDGE