[2011] KEHC 1601 (KLR)
The court found that, upon consideration of the application, the record of proceedings, and the grounds of appeal, there were no valid or exceptional grounds to warrant the suspension of the sentence imposed by the trial court. The court therefore exercised its discretion to decline the application for bail pending...
Source-derived case information.
- Citation
- [2011] KEHC 1601 (KLR)
- Parties
- Appellant: Salim Said Koi; Appellant: Dondo Mkala; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 153 of 2011
- Procedural Posture
- Criminal Appeal / Application for Bail Pending Appeal
- Outcome
- Application for bail pending appeal declined.
- Legal Topics
- Bail Pending Appeal, Suspension of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Salim Said Koi
Appellant
Dondo Mkala
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Bail Pending Appeal
Legal Issues
- 1 Whether the appellants should be released on bail pending the determination of their criminal appeal.
- 2 Whether there exist valid grounds to suspend the sentence imposed by the trial court.
Ratio Decidendi
The court found that, upon consideration of the application, the record of proceedings, and the grounds of appeal, there were no valid or exceptional grounds to warrant the suspension of the sentence imposed by the trial court. The court therefore exercised its discretion to decline the application for bail pending appeal, emphasizing that such relief is not automatic and must be justified by compelling circumstances, which were not demonstrated by the applicants.
Court Disposition
Application for bail pending appeal declined.
Orders
- The application for bail pending appeal is dismissed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO. 153 OF 2011
(From Original Conviction and Sentence in Criminal Case No. 47 of 2010 of the Chief Magistrate’s Court
at Mambasa: R. Kirui – P.M.)
SALIM SAID KOI....................................................................................................1ST APPELLANT
DONDO MKALA....................................................................................................2ND APPELLANT
=VERSUS=
REPUBLIC..................................................................................................................RESPONDENT
RULING
The Applicants herein have applied through their Advocate MR. ATANCHA to be released on bail/bond during the pendancy of their appeal filed against their conviction and sentence by the learned Principal Magistrate sitting at Mombasa Law Courts. The application was not opposed by the State. I have considered this present application. I have also considered the record of the proceedings from the trial court as well as the Grounds of Appeal listed in the Applicant’s Petition of Appeal filed on 12th July 2011. I am not persuaded that there exist valid grounds to suspend the sentence imposed by the trial court. I do therefore decline to admit the Applicants to bail pending their appeal.
Dated and Delivered in Mombasa this 22nd day of July 2011.
M. ODERO
JUDGE
In the presence of:
Mr. Atancha for Applicants
Mr. Onserio for State