[2017] KEHC 1135 (KLR)

[2017] KEHC 1135 (KLR)

The court held that the appellant failed to demonstrate that his appeal had an overwhelming chance of success or that there existed exceptional or unusual circumstances to warrant bail pending appeal. The court found that the offence of desertion under Section 74(2)(e) of the Kenya Defence Forces Act, while silent...

Source-derived case information.

Citation
[2017] KEHC 1135 (KLR)
Parties
Appellant: Stephen Odede; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
7 November 2017
Case Number
Criminal Appeal 10 of 2017
Procedural Posture
Criminal Appeal / Ruling on Application for Bail Pending Appeal
Outcome
application dismissed
Judges
AW Macharia
Legal Topics
Bail Pending Appeal, Military Justice, Desertion Offence, Mens Rea, Sentencing Principles
Source Language
english
Criminal Law Bail Pending Appeal Military Justice Desertion Offence Mens Rea Sentencing Principles

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Stephen Odede

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Ruling on Application for Bail Pending Appeal

Legal Issues

  1. 1 Whether the appellant is entitled to bail pending appeal under the applicable legal standards.
  2. 2 Whether the appeal has an overwhelming chance of success or presents exceptional circumstances justifying bail.
  3. 3 Whether the offence of desertion under Section 74(2)(e) of the Kenya Defence Forces Act requires proof of mens rea.

Ratio Decidendi

The court held that the appellant failed to demonstrate that his appeal had an overwhelming chance of success or that there existed exceptional or unusual circumstances to warrant bail pending appeal. The court found that the offence of desertion under Section 74(2)(e) of the Kenya Defence Forces Act, while silent on mens rea, is not necessarily a strict liability offence, but the appellant did not provide credible evidence of mental incapacity. The medical evidence was not from a qualified practitioner and appeared contrived. The appellant was absent for 689 days and did not show he had been lawfully discharged or resigned. The sentence of life imprisonment, though severe, was within the...

Court Disposition

application dismissed

Orders

  • The application for bail pending appeal is dismissed.
  • The appellant is allowed to attend the appeal hearing in accordance with Article 51(1) of the Constitution.