Yaqoob & 6 others v Republic [2025] KEHC 7464 (KLR)

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