[2014] KEHC 6054 (KLR)
The court found that the applicants had pleaded guilty to the offences and were convicted accordingly. The fines imposed were the minimum sentences provided for under the Wildlife Conservation and Management Act 2013. The court was not satisfied that the appeal had overwhelming chances of success or that there were...
Source-derived case information.
- Citation
- [2014] KEHC 6054 (KLR)
- Parties
- Applicant: Said Farah; Applicant: Serai Khalif; Applicant: Moulid Bocha; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 36 of 2014
- Procedural Posture
- Criminal Appeal / Ruling on Application for Bond Pending Appeal
- Outcome
- application dismissed
- Judges
- GO Shikwe
- Legal Topics
- Bail Pending Appeal, Wildlife Offences, Sentencing Guidelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Said Farah
Applicant
Serai Khalif
Applicant
Moulid Bocha
Applicant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Application for Bond Pending Appeal
Legal Issues
- 1 Whether the applicants are entitled to bond pending appeal.
- 2 Whether the appeal has overwhelming chances of success or presents special circumstances justifying release on bond.
Ratio Decidendi
The court found that the applicants had pleaded guilty to the offences and were convicted accordingly. The fines imposed were the minimum sentences provided for under the Wildlife Conservation and Management Act 2013. The court was not satisfied that the appeal had overwhelming chances of success or that there were special circumstances to justify granting bond pending appeal. The applicants also had the option of paying the fines imposed. Consequently, the application for bond pending appeal was found to be without merit and was disallowed.
Court Disposition
application dismissed
Orders
- The application for bond pending appeal is disallowed.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO. 36 OF 2014
SAID FARAH …........…1ST APPLICANT
SERAI KHALIF …....... 2ND APPLICANT
MOULID BOCHA ........ 3RD APPLICANT
VERSUS
REPUBLIC …......…......................RESPONDENT
RULING
The amended chamber summons application dated 10th March, 2014 expressed to be brought pursuant to Section 123(3), 126 and 135 of the Criminal Procedure Code and article 49 (1) (h) of the Constitution of Kenya seeks orders for bond pending appeal.
The grounds are that:-
the applicants were charged in Voi Criminal Case No. 72 of 2014 for the offence of entering a National Park contrary to section 102 (1) of the Wildlife Conservation and Management Act 2013 Laws of Kenya.
Entering into a National park with livestock contrary to section 102 (3) of the Management Act 22013 Laws of Kenya
Using the Environment and natural resource and wasteful and destructive manner contrary to measures prescribed under Section 140 (2) of the Environment Management and Co-ordination Act.
It is also contended that the appeal has high chances of success.
That the appeal may take long before it is heard and determined.
I have perused the record of proceedings from the lower court. The appellants had introduced into the Tsavo East National Park some 260 head of cattle when they were arrested by Kenya Wildlife officers and were subsequently charged.
They pleaded guilty to the three Counts facing them and were Convicted.
On the 1st Cunt each was fined Ksh. 200,000/= in default one year imprisonment.
In respect to the 2ndd Count each was fined Ksh. 100,000/= in default one year imprisonment.
In respect of the 3rd Count the Court discharged them for lack of a report from Nema.
It is observed that the Wildlife Management and Conservation Act 2013 has established stiff Sentences for offences related to Wildlife Management and Conservation.
The fines imposed by the learned trial magistrate are the minimum Sentences provided for in the Act.
I am not satisfied that the appeal has overwhelming chances of success or that it is one that presents special circumstances. The Accused persons have the option of paying fine.
I find the application to be without merit and its disallowed.
Ruling delivered dated and signed this 18th day of March, 2014.
…...................
M. MUYA
JUDGE
18TH MARCH, 2014
In the presence:-
Learned Counsel for the State Miss Fundi
Learned Counsel for the applicants Mr. Omari
Court clerk Buoro