[2008] KEHC 790 (KLR)
The court found that the offences against the applicant are bailable and that no special or compelling circumstances had been presented by the prosecution to justify denial of bail. The court emphasized the presumption of innocence and noted that the applicant could potentially remain in custody for a period...
Source-derived case information.
- Citation
- [2008] KEHC 790 (KLR)
- Parties
- Applicant: Abdulfatah Abubakar Abdi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 498 of 2008
- Procedural Posture
- Miscellaneous Application / Ruling on Bail Application Pending Trial
- Outcome
- Application for bail allowed; applicant granted bail on specified terms.
- Judges
- MA Warsame
- Legal Topics
- Bail Pending Trial, Right to Bail, Presumption of Innocence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdulfatah Abubakar Abdi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Bail Application Pending Trial
Legal Issues
- 1 Whether the applicant should be granted bail pending the hearing and determination of his case.
- 2 Whether there are special circumstances justifying refusal of bail to the applicant.
Ratio Decidendi
The court found that the offences against the applicant are bailable and that no special or compelling circumstances had been presented by the prosecution to justify denial of bail. The court emphasized the presumption of innocence and noted that the applicant could potentially remain in custody for a period exceeding any sentence that might be imposed if convicted. The court also observed that previous orders requiring a Kenyan surety were vague and lacked specific terms, making compliance difficult. Consequently, the court held that it was fair and just to grant the applicant bail on specified cash and bond terms, subject to approval by the trial court.
Court Disposition
Application for bail allowed; applicant granted bail on specified terms.
Orders
- Applicant to be released on a cash bail of Kshs. 300,000 or an alternative bond of Kshs. 500,000 with one Kenyan surety of similar amount to be approved by the trial court.
- Mention on 18.11.2008 before the trial court for further directions.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Misc. Crim. Appli. 498 of 2008
ABDULFATAH ABUBAKAR ABDI ……..……………..…..APPLICANT
VERSUS
REPUBLIC ……..………………….………………………RESPONDENT
RULING
On several occasions the applicant applied to be released on bail/bond pending the hearing and determination of his matter. Initially it was the case of the prosecution that investigation was not complete. On 2. 1.7. 2008, the applicant’s advocate again renewed the application for bail but the prosecutor objected arguing that the applicant was likely to abscond if released on bail.
After hearing the arguments on both sides, Mrs. Muketi Senior Principal Magistrate held;
“The accused is ordered to produce a Kenyan surety”.
On 30. 7.08, the application for bail was renewed before Hon. Mr. Mutembei, Chief Magistrate who also refused to grant the prayers sought by the applicant. In his view the applicant was facing serious charges and it was imprudent to release him on bond.
Again a similar application made before Hon. Mrs. Githua Senior Principal Magistrate was rejected.
On my part, I have considered the application and the charges preferred against the applicant. There is no reason put forward that would mitigate against the applicant being released on bail pending the hearing and determination of his case. The objective is that a person is presumed innocent until he is proven guilty. The offences against the applicant are bailable and there are no special circumstances to warrant refusal of bail.
I agree with Mr. Kamau learned counsel for the applicant that the applicant is likely to stay in custody for a period beyond the time he is required to serve his sentence.
I have noted Hon. Mrs. Muketi Senior Principal Magistrate directed the applicant to look for a Kenyan surety. The problem with such an order is that it would be difficult to ascertain the same when the said court has not specified the terms and condition to be fulfilled by the applicant.
In the premises, I think it is fair and just to release the applicant on a cash bail of Kshs.300,000/= with an alternative bond terms of 500,000/= with one Kenyan surety of similar amount to be approved by the trial court.
Mention on 18. 11. 2008 before the trial court for further directions.
M. WARSAME
JUDGE
13. 11. 2008
13. 11. 2008
Coram Warsame J
Erick – court clerk
Ms Kagiri for State
Mr. Mbiyu Kamau for applicant
Court: Ruling read in chambers in the presence of the above advocates.
M. WARSAME
JUDGE