Hassan Abdullahi Abdi v Republic

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MISC. APPLICATION NO. 110 OF 2012 HASSAN ABDULLAHI ABDI........................................................................................APPLICANT VERSUS REPUBLIC...............................................................................................................RESPONDENT RULING The applicant, HASSAN ABDULLAHI ABDI, was convicted for the offence of Malicious Damage to property contrary to section 339 (1) as read with section 339 (3) of the Penal Code. The trial court then sentenced him to 3 years imprisonment. Having lodged an appeal to challenge both the conviction and sentence, the applicant now seeks bail pending the hearing and determination of the said appeal. The applicant is said to have been in a group of about 35 people who demolished the complainant’s house. The demolition is said to have taken place on 1st May 2011, at Bulla Geneva, in Mandera. Of the 35 people who participated in the demolition, six (6) were arrested and charged. However, only two (2) of the six persons were convicted. The two included the applicant, who had been the 5 th accused during the trial. Each of the two convicted persons was sentenced to 3 years imprisonment. The applicant has filed an appeal to challenge both the conviction and sentence. And whilst awaiting the hearing and determination of the said appeal, the applicant now seeks bail. He submitted that his appeal has overwhelming chances of success. As far as the applicant is concerned, the identification was doubtful, as the demolition took place in an incomplete house, which had no lighting. He also said that none of the alleged witnesses had known him prior to the incident. In any event, he was said to have been at Emoly, which is a township situated about 250 kilometres from Mandera, where the incident took place. The respondent conceded the application. Ms Maina, learned state counsel, submitted that the appeal had good chances of success.

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