[2018] KEHC 2320 (KLR)
The court found that the appellant failed to demonstrate that her appeal had high chances of success or that there were exceptional circumstances warranting release on bail pending appeal. There was no evidence provided to support the alleged medical condition or the claim of being the sole breadwinner with minor...
Source-derived case information.
- Citation
- [2018] KEHC 2320 (KLR)
- Parties
- Appellant: Tima Madi Ali; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Garsen
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 14 of 2018
- Procedural Posture
- Criminal Appeal / Ruling on Bail Pending Appeal
- Outcome
- application dismissed
- Legal Topics
- Bail Pending Appeal, Narcotic Offences, Sentencing, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tima Madi Ali
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Bail Pending Appeal
Legal Issues
- 1 Whether the appellant has demonstrated sufficient grounds for grant of bail pending appeal.
- 2 Whether the appeal has high chances of success.
- 3 Whether the appellant's medical condition or family circumstances justify bail pending appeal.
Ratio Decidendi
The court found that the appellant failed to demonstrate that her appeal had high chances of success or that there were exceptional circumstances warranting release on bail pending appeal. There was no evidence provided to support the alleged medical condition or the claim of being the sole breadwinner with minor children. The court was not persuaded that the interests of justice required the grant of bail pending appeal and emphasized the need for the appellant to expedite the appeal process instead.
Court Disposition
application dismissed
Orders
- The application for bail pending appeal is dismissed.
- The appellant is to prepare and serve the record of appeal and take early hearing dates.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARSEN
CRIMINAL APPEAL NO.14 OF 2018
TIMA MADI ALI....................................................APPELANT
VERSUS
REPUBLIC........................................................RESPONDENT
RULING
1. The Appellant in this case was tried and convicted of the offence of being in possession of narcotic drugs contrary to section 3(1) as read with section 3(2)(b) of the Narcotic Drugs and Psychotropic Substances Control Act No. 4 of 1994. She was sentenced to serve 5 years in prison. Being dissatisfied with the conviction and sentence, the appellant filed a petition of appeal dated 19/3/2018.
2. The Appellant has now made an application dated 10/4/2018 seeking to be released on bail pending appeal. The application is brought on the grounds that the appeal may take time and that the appellant may serve and complete the jail term before the appeal is heard and determined; that the appeal may be rendered nugatory; that the appellant has a prima facie appeal with high chances of success, and; that the applicant has a medical condition. The application is supported by an affidavit sworn by the applicant’s advocate Tobias Korir. The averments in the affidavit reiterate the grounds aforestated with an additional averment that the applicant was the sole breadwinner of her family and had young children to look after.
3. At the hearing of the application, Ms. Marubu for the applicant relied on the supporting affidavit and made brief submissions underscoring the ground that the appeal may take long to be heard and concluded. On his part, Mr Kasyoka for the respondent submitted that they did not oppose the application and only asked that the bond terms be sufficient.
4. I have considered the application, the supporting affidavit and the submissions of respective counsel. I find nothing in both the affidavit and the submissions to demonstrate that the applicant’s appeal has high chances of success. There is also nothing to demonstrate that the appellant if released to bail pending appeal shall attend her appeal and prosecute the appeal expeditiously. Further, there is no evidence presented to support the medical condition of the appellant and neither was the court requested to obtain a pre bail report to support the averment that the applicant had minor children to look after.
5. In sum, I am not persuaded that the applicant should be granted bail pending appeal. The appellant should instead prepare and serve the record of appeal and take early hearing dates. The application is thus dismissed.
Orders accordingly.
Ruling delivered dated and Signed at Garsen on 19th day of November 2018.
R.LAGAT KORIR
In the presence of:
……………………………..: Court Assistant
……………………………..: Accused/Applicant
…………………………….. For Appellant
……………………………..: For Respondent