[2025] KEHC 7464 (KLR)
The court declined to grant a stay of execution of the acquittal and judgment, finding that the appellants had already been in custody for nearly 11 years, and that their advanced age and ill health weighed heavily against further detention. The court recognized the respondent's right of appeal but held that this...
Source-derived case information.
- Citation
- [2025] KEHC 7464 (KLR)
- Parties
- Appellant: Yousuf Yaqoob; Appellant: Yaqoob Ibrahim; Appellant: Saleem Muhammad; Appellant: Bhatti Abdul Ghafoor; Appellant: Bakhsh Moula; Appellant: Prabhakara Nair Praveen; Appellant: Pak Abdolghafar; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E022 of 2023
- Procedural Posture
- Criminal Appeal / Ruling on Application for Stay of Execution of Acquittal Pending Appeal
- Outcome
- Application for stay of execution of acquittal declined; appellants to be repatriated.
- Judges
- WM Kagendo.
- Legal Topics
- Stay of Execution, Acquittal, Right of Appeal, Repatriation, Custody, Health and Age
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Yousuf Yaqoob
Appellant
Yaqoob Ibrahim
Appellant
Saleem Muhammad
Appellant
Bhatti Abdul Ghafoor
Appellant
Bakhsh Moula
Appellant
Prabhakara Nair Praveen
Appellant
Pak Abdolghafar
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Application for Stay of Execution of Acquittal Pending Appeal
Legal Issues
- 1 Whether to grant a stay of execution of the acquittal and judgment pending appeal by the respondent.
- 2 Whether the appellants should remain in custody or be repatriated pending any further appeal.
Ratio Decidendi
The court declined to grant a stay of execution of the acquittal and judgment, finding that the appellants had already been in custody for nearly 11 years, and that their advanced age and ill health weighed heavily against further detention. The court recognized the respondent's right of appeal but held that this did not override the appellants' rights to liberty following acquittal, especially given the circumstances. The court directed that the appellants be repatriated to their countries of origin, and advised the respondent to move expeditiously to the Court of Appeal if further relief was sought.
Court Disposition
Application for stay of execution of acquittal declined; appellants to be repatriated.
Orders
- Application for stay of execution of acquittal and judgment is declined.
- The 7 appellants to be repatriated to their respective countries of origin.
Full Case Text
Judgment text and source record
36 paragraphs
Yaqoob & 6 others v Republic (Criminal Appeal E022 of 2023) [2025] KEHC 7464 (KLR) (29 May 2025) (Ruling)
Neutral citation: [2025] KEHC 7464 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Appeal E022 of 2023
WM Kagendo., J
May 29, 2025
Between
Yousuf Yaqoob
1st Appellant
Yaqoob Ibrahim
2nd Appellant
Saleem Muhammad
3rd Appellant
Bhatti Abdul Ghafoor
4th Appellant
Bakhsh Moula
5th Appellant
Prabhakara Nair Praveen
6th Appellant
Pak Abdolghafar
7th Appellant
and
Republic
Respondent
(Appeal against the conviction and sentence in Mombasa Chief Magistrate’s Court in Criminal Case No.1255 of 2014 as consolidated with Criminal case No.1528 & Criminal Case No.1493 of 2014 22nd February 2023. [Hon. Mutuku Chief Magistrate)
Ruling
1. The court has considered the oral Application by Ms. P. Ogega on behalf of the Respondent and the brief responses.
2. The Respondents do have a right of appeal and they have highlighted the difficulty they will have in getting the appellants to attend the subsequent Appeal or face their sentence if the decision is revised in the Court of Appeal.
3. I also note that the Appellants have been in custody since 2014; close to 11 years now.
4. The issue of their advanced age and ill health has featured prominently in this appeal.
5. After considering all sides, I decline to allow the application to stay the execution of the acquittal and the judgment.
6. The Respondents, if need be should move with speed to the Court of Appeal.
7. The Judgement is typed and ready and will be readily available in the CTS.
8. The 7 appellants to be repatriated to their respective countries of origin.
DATED, SIGNED AND DELIVERED AT MOMBASATHIS 29TH DAY OF MAY 2025. WENDY KAGENDOJUDGEDelivered in the presence of:Ms. P. Ogega for the state/respondentThe 1st To 6th Appellants – in person virtuallyMr. Momanyi holding brief for Mr Omondi Ogutu for the 7th AppellantBebora court assistant