https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12647

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA COUNTY COURT NAME: MOMBASA HIGH COURT CASE NUMBER: HCCRMISCAPPL/E059/2026 MOHAMED ABDALLAH VS ODPP RULING REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA COUNTY COURT NAME: MOMBASA HIGH COURT CASE NUMBER: HCCRMISCAPP/E059/2026 MOHAMED ABDALLAH VS ODPP RULING 1. The present application is brought under Article 49 (1)(h) of the Constitution, Section 123(3),362,364 of the Criminal Procedure Code, and Rule 3 of the High Court (Practice and Procedure) Rules seeking a review of the Ruling of the Trial Court dated 21st May, 2026. The Judiciary of Kenya Doc IDENTITY: 45098452849434318776325160011 Tracking Number:OOMQU92026 1/ 5 2. The Applicant prays that the Honourable Court be pleased to set aside, vary and/or revise the said ruling on bail and bond terms and further that the Court be pleased to grant the Applicant/Accused person favourable and/or reasonable bail and bond terms. 3. The application is premised on grounds that: a) The Learned Magistrate erred in shifting the burden of proof to the Applicant when the onus lies with the State. b) The Prosecution failed to substantially prove any compelling reason to deny bail. c) The Trial Court relied on unverified allegations by the Investigation Officer and the Probation Officer. d) The denial violates Article 49 (1)(h) of the Constitution. e) That in the interest of justice the Applicant ought to be released on bail. 4. Vide Orders of this Honourable Court dated 23rd June, 2026 the parties were directed on matters service and filing of submissions. 5. From the perusal of the Court’s record the Respondent opted not to put in any reply and submissions thereto. 6. In Court the Counsel for the Applicant submitted that they had filed their submissions while Counsel for the state disputed that there was no such service but the same notwithstanding, they have looked at the application and are not opposed to the prayers sought therein. 7. The review of decision on bond is the unfettered right of the accused under the Constitution. Section 123 (3) of the Criminal Procedure Code:- The Judiciary of Kenya Doc IDENTITY: 45098452849434318776325160011 Tracking Number:OOMQU92026 2/ 5 “…..The High Court may in any case direct that an accused person be admitted to bail or that bail required by a subordinate Court or Police Officer be reduced.” 8. The Court has considered the Application and the said submissions. Article 49(1) (h) of the Constitution states that an arrested person has the right “to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons”. 9. This is to say that even though the Trial Court has discretion over granting conditions and terms of bail and bond this discretion ought not to be exercised whimsically, but with great care and upon well formulated principles of law. 10. Such constitutional right can only be limited and/or curtailed if the Prosecution satisfies the court that there are compelling grounds to warrant its denial to an accused person. It is incumbent upon the court to weigh the available evidence for and against the grant of bail. 11. The evidence adduced in the supporting affidavit by the Applicant is sufficient to persuade the Court to release him on bail and bond pending hearing and determination of the suit. Further the Prosecution is not against the granting of the same. 12. Consequently, I am inclined to grant the application on the following conditions. a) To sign a bond of KSH. 1 million 1 one surety of like sum and an extra contact person or to deposit a cash bail of KSH 500,000 and provide two contact persons. b) The contact persons to provide: An introduction letter from the chief, copy of identity card, their photographs and their telephone contacts. c) The Applicant to report to the OCS Lamu Police Station on the first Monday of every month until the case is heard and determined. The Judiciary of Kenya Doc IDENTITY: 45098452849434318776325160011 Tracking Number:OOMQU92026 3/ 5 d) The Applicant shall undertake not interfere with investigations and make any contacts; whether directly or otherwise with any of the witnesses to be summoned by the Prosecution. e) The applicant shall attend all court sessions when and if so required. f) The bond terms be processed and security or cash bail be deposited within the trial court's file and station 13. It is so ordered. DATED, SIGNED AND DELIVERED AT MOMBASA THIS 23 RD DAY OF JULY OF 2026 WENDY .K. MICHENI JUDGE HIGH COURT OF KENYA AT MOMBASA I THE PRESENCE OF Mr. Omwanca for the applicant Mr. Sirima for the state Bebora court assistant The Judiciary of Kenya Doc IDENTITY: 45098452849434318776325160011 Tracking Number:OOMQU92026 4/ 5 SIGNED BY/FOR: 2 □ TH E J U D I C I A R Y O F K E N Y A ★ HON. LADY JUSTICE WENDY MICHENI Mombasa High Court High Court Criminal Date: 2026-07-28 13:31:03 The Judiciary of Kenya Doc IDENTITY: 45098452849434318776325160011 Tracking Number:OOMQU92026 5/ 5