Juma v Republic (Criminal Application E023 of 2023) [2023] KECA 1138 (KLR) (22 September 2023) (Ruling)

Facts

The applicant, Abdulrahman Imraan Juma, was arraigned before the Magistrates court at Milimani for extradition to the United States of America (USA) on account of an order by the Director of Public Prosecutions (DPP) given in exercise of powers under Section 5 (1) of the Extradition (Contiguous and Foreign Countries) Act Cap 76 Laws of Kenya. The Magistrate allowed repatriation of the applicant from Kenya to USA to face charges in court. The applicant appealed against the ruling and applied for stay of execution of the Magistrates orders. The High Court in a ruling delivered on November 28, 2022, determined the application as if it was a revision application.

Issues

1. whether the appeal has overwhelming chances of success
2. whether there are exceptional or unusual circumstances to warrant exercise of courts discretion into releasing an applicant on bail
3. whether there is a high probability of the sentence being served before the appeal is heard

Reasoning

The Court found that the applicant has not demonstrated any unusual or exceptional circumstances to warrant him to be granted bail/bond and that the intended appeal has no overwhelming chance of success.

Outcome

Denied

Authorities cited