[2012] KEHC 4787 (KLR)

[2012] KEHC 4787 (KLR)

The court found that the applicant had not demonstrated any exceptional circumstances or shown that her appeal had overwhelming chances of success to warrant the granting of bail pending appeal. The court determined that the applicant was 18 years old, which is the age of majority in Kenya, and thus she was properly tried as an adult. The record indicated that interpretation from English to Somali was provided, and the applicant pleaded guilty and admitted the facts as true, with no complaint about language. The delay in arraignment was justified as the arrest occurred on a Sunday and arraignment was on a Tuesday. Consequently, the application for bail pending appeal was dismissed.

Citation
[2012] KEHC 4787 (KLR)
Parties
Applicant: Sam Sam Bashe Mohamud; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
26 April 2012
Case Number
Miscellaneous Criminal Application 56 of 2012
Procedural Posture
Miscellaneous Criminal Application / Ruling on Bail Pending Appeal
Outcome
application dismissed
Judges
LA Achode
Legal Topics
Bail Pending Appeal, Forgery of Passport, Unlawful Presence, Juvenile Justice, Right to Interpretation
Source Language
English
Criminal Law Bail Pending Appeal Forgery of Passport Unlawful Presence Juvenile Justice Right to Interpretation

Case Brief

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Parties

Sam Sam Bashe Mohamud

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Bail Pending Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to bail pending appeal.
  2. 2 Whether the applicant's age required her to be tried as a juvenile.
  3. 3 Whether the applicant's right to interpretation was violated.

Ratio Decidendi

The court found that the applicant had not demonstrated any exceptional circumstances or shown that her appeal had overwhelming chances of success to warrant the granting of bail pending appeal. The court determined that the applicant was 18 years old, which is the age of majority in Kenya, and thus she was properly tried as an adult. The record indicated that interpretation from English to Somali was provided, and the applicant pleaded guilty and admitted the facts as true, with no complaint about language. The delay in arraignment was justified as the arrest occurred on a Sunday and arraignment was on a Tuesday. Consequently, the application for bail pending appeal was dismissed.

Court Disposition

application dismissed

Orders

  • The application for bail pending appeal is dismissed.