Khalid Abdallah Abdulrehman v Republic [2014] KEHC 2028 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

CRIMINAL APPEAL NO. 127 OF 2014

KHALID ABDALLAH ABDULREHMAN ..............................….. APPELLANT

VERSUS

REPUBLIC  ……….……....................................................…RESPONDENT

(From original Conviction and Sentence in Criminal Case No.2445 of 2011 of the Chief  Magistrate's Court at Mombasa – Hon. Gandani  - SPM)

RULING

The Notice of Motion Application dated the 9th day of July, 2014 and which is expressed to be brought under article 22, 29, 165 of the Constitution and Section 124 of the Criminal Procedure Code seeks orders for the admission of the Appellant to bond pending the determination of his appeal.

The grounds are that the intended appeal has high chances of success and that it presents special circumstances.

In the case of Somo –Vs – Republic 1972 EALR page 476 it was held,

“The question is whether there are exceptional or unusual circumstances

(ii) That the Appellant is of good character,  that the appeal has been admitted for hearing, that the offence did not involve personal violence are not exceptional or unusual circumstances.

(iii)               The most important ground is that the appeal has an  overwhelming chance of being successful.  In that case there is no justification for depriving the applicant  of his freedom”.

In the present case, the Appellant was convicted for the offence of stealing by agent contrary to section 283 of the penal Code and was Sentenced to three (3) years imprisonment.

I have perused the record of proceedings and its noted  that the appellant was Sentenced to three (3) years imprisonment on 19th May, 2014. There is little likelihood that he will serve the three years before his appeal is heard and determined. The Appellant did not deny having received the money on behalf of the complainant but he states that he was robbed and he reported the matter to police.  I find that this is a  fit case for the admission of the appellant on bond pending appeal. He may be released on a  bond of Kshs. 500,000/= with one surety  of similar amount.

Ruling delivered and signed this 5th day of November, 2014.

…....................

M.  MUYA

JUDGE

5TH NOVEMBER, 2014

In the presence of:-

Learned Counsel for the Director of Public Prosecution

Learned Counsel for the Appellant Mr. Egunza

Appellant (Absent)

Court clerk Musundi

Further Orders:

Hearing date for the main appeal to be taken at the registry within thirty (30) days from today.

…...................

M.  MUYA

JUDGE

5TH NOVEMBER, 2014