Stephen Odede v Republic
Stephen Odede v Republic [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 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…
Source excerpt
- Bail Pending Appeal
- Military Justice
- Desertion Offence
- Mens Rea
- Sentencing Principles