[2014] KEHC 2912 (KLR)
The court found that the appellant's application for bond pending appeal had merit because there was a likelihood that he would serve his sentence before the appeal was heard and determined. The court also noted that the application was not opposed by the State. The court was satisfied that the interests of justice...
Source-derived case information.
- Citation
- [2014] KEHC 2912 (KLR)
- Parties
- Appellant: Sharifu Mohamed Sharifu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 114 of 2014
- Procedural Posture
- Criminal Appeal / Application for Bond Pending Appeal
- Outcome
- Application for bond pending appeal allowed.
- Judges
- GO Shikwe
- Legal Topics
- Bail Pending Appeal, Plea Taking, Right to Fair Trial
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sharifu Mohamed Sharifu
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Bond Pending Appeal
Legal Issues
- 1 Whether the appellant is entitled to bond pending appeal.
- 2 Whether the plea was properly taken in a language understood by the appellant.
- 3 Whether the appeal has high chances of success and would be rendered nugatory if bond is denied.
Ratio Decidendi
The court found that the appellant's application for bond pending appeal had merit because there was a likelihood that he would serve his sentence before the appeal was heard and determined. The court also noted that the application was not opposed by the State. The court was satisfied that the interests of justice required the appellant to be admitted to bond, particularly given the arguable grounds raised regarding the language of the plea and the right to a fair trial. Accordingly, the appellant was admitted to bond with a Kenyan surety of similar amount, and the appeal was to be given priority for hearing.
Court Disposition
Application for bond pending appeal allowed.
Orders
- The applicant is admitted to a bond of Ksh. 500,000 with one Kenyan surety of similar amount.
- The appeal to be given a hearing on priority basis.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO. 114 OF 2014
(From Original Conviction And Sentence In Criminal Case No. 894 Of 2014 Of The Chief Magistrate's Court At Mombasa – Hon. Gicheru - Cm)
SHARIFU MOHAMED SHARIFU …....…..…..APPELLANT
VERSUS
REPUBLIC ……….……...........................…RESPONDENT
RULING
This Notice of Motion application dated 11th July, 2014 and which is expressed to be brought under article 50 of the Constitution of Kenya 2010 Section 123, 126, 356 and 357 of the Criminal Procedure Code seeks to admit the Appellant to bond pending appeal.
The grounds are that the Appellant was arraigned before the Chief Magistrate's Court and charges were read to him in English and Kiswahili languages which he did not understand and a plea of guilty entered.
It is contended that the appellant has an arguable appeal with high chances of success.
That there is every likelihood that he may serve the whole term before his appeal is heard and determined and hence the appeal would be rendered nugatory.
I have perused the lower court and I am satisfied that this application has merit. There is likelihood that the Appellant will serve his Sentence before his appeal is heard and determined.
The application is also not opposed. I accordingly admit the applicant to a bond of Ksh. 500,000/= with one Kenyan surety of similar amount.
The appeal to be given a hearing on priority basis.
Ruling delivered dated and signed this 31st day of July, 2014.
…...................
M. MUYA
JUDGE
31ST JULY, 2014
In open Court in the presence of:-
Mutiso for the appellant
Mureithi for the State