[2021] KEHC 7528 (KLR)

[2021] KEHC 7528 (KLR)

The court found that the appellant had demonstrated arguable grounds on appeal and that there were inherent issues in the impugned judgment likely to be canvassed at the hearing of the main appeal. The court also noted the likelihood of substantial delay in the preparation of the record of appeal, which could result in the appellant serving a significant portion of his sentence before the appeal is heard. The appellant had previously complied with all bail conditions, had a fixed abode, and was not a flight risk. There were no other charges pending against him. The court exercised its discretion in favor of the appellant, finding that the combination of an arguable appeal and anticipated...

Citation
[2021] KEHC 7528 (KLR)
Parties
Appellant: Yahya Ahmed Shee Alias Basode; Respondent: Republic
Court
High Court
Court Station
High Court at Garsen
Jurisdiction
Kenya
Judgment Date
29 April 2021
Case Number
Criminal Appeal E011 of 2021
Procedural Posture
Criminal Appeal / Application for Bail Pending Appeal
Outcome
Application for bail pending appeal allowed.
Judges
DB Nyakundi
Legal Topics
Bail Pending Appeal, Exceptional Circumstances, Presumption of Innocence, Appeal Success Probability
Source Language
English
Criminal Law Civil Procedure Bail Pending Appeal Exceptional Circumstances Presumption of Innocence Appeal Success Probability

Case Brief

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 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Yahya Ahmed Shee Alias Basode

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Application for Bail Pending Appeal

Legal Issues

  1. 1 Whether the appellant has demonstrated exceptional or unusual circumstances warranting bail pending appeal.
  2. 2 Whether the appeal has overwhelming chances of success to justify release on bail pending appeal.
  3. 3 Whether the delay in preparation of the record of appeal constitutes a sufficient ground for granting bail pending appeal.

Ratio Decidendi

The court found that the appellant had demonstrated arguable grounds on appeal and that there were inherent issues in the impugned judgment likely to be canvassed at the hearing of the main appeal. The court also noted the likelihood of substantial delay in the preparation of the record of appeal, which could result in the appellant serving a significant portion of his sentence before the appeal is heard. The appellant had previously complied with all bail conditions, had a fixed abode, and was not a flight risk. There were no other charges pending against him. The court exercised its discretion in favor of the appellant, finding that the combination of an arguable appeal and anticipated...

Court Disposition

Application for bail pending appeal allowed.

Orders

  • The applicant is admitted to bail pending appeal.
  • The applicant shall be released on bond of Ksh. 500,000 with a surety of identical amount to be approved by the Deputy Registrar of the High Court at Garsen or in the alternative a cash bail of Ksh. 300,000.