[2015] KEHC 4634 (KLR)
The court found that there were no compelling reasons advanced by the State to justify the continued denial of bail to the applicant. Since all civilian witnesses had testified and the prosecution did not oppose the application, the risk of interference with witnesses was no longer present. The court therefore...
Source-derived case information.
- Citation
- [2015] KEHC 4634 (KLR)
- Parties
- Applicant: Galma Abagaro Shano; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 41 of 2011
- Procedural Posture
- Criminal Case / Renewed Bail Application Pending Trial
- Outcome
- Application for bail granted.
- Legal Topics
- Bail Pending Trial, Murder Charge, Compelling Reasons for Bail
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Galma Abagaro Shano
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Renewed Bail Application Pending Trial
Legal Issues
- 1 Whether the applicant should be granted bail pending the hearing and determination of the murder case.
- 2 Whether there are any compelling reasons to deny bail to the applicant.
Ratio Decidendi
The court found that there were no compelling reasons advanced by the State to justify the continued denial of bail to the applicant. Since all civilian witnesses had testified and the prosecution did not oppose the application, the risk of interference with witnesses was no longer present. The court therefore admitted the applicant to bail pending trial, subject to the execution of a bond or deposit of cash bail.
Court Disposition
Application for bail granted.
Orders
- The applicant is admitted to bail pending hearing and determination of the case.
- The applicant shall execute a bond of Kshs. 1,000,000 with one surety of similar amount.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 41 OF 2011
GALMA ABAGARO SHANO………………………….APPLICANT
VERSUS
REPUBLIC…………………………………………..RESPONDENT
RULING
The applicant, Galma Abagaro Shano, who is the accused in this case has renewed his application for bail/bond. He is accused of having murdered Mohamed Halkano Duba on 5th May 2011 at Gatina Village in Kawangware Nairobi. He had moved this court before on the same issue seeking to be released on bond pending the hearing and determination of this case. The court (Hon. Lady Justice Korir) heard the initial application and declined to grant the accused bail in her ruling delivered on 2nd October 2013. The Judge however stated that the applicant is at liberty to renew his application for bail once the key witnesses have testified.
The case is fixed for hearing on 3rd and 4th June 2015. Mr. Omari, counsel for the applicant has moved this court by renewing the application for bail. The prosecuting counsel Ms Magoma representing Ms Ikol who has the conduct of this case told the court that the prosecutor is not opposed to the application since all the civilian witnesses have testified and only the formal witnesses, doctors and police officers are remaining.
I have considered the matter and find that I have no reason to deny bail to the applicant. Without any compelling reasons being advanced by the State this court has no basis whatsoever to decline to grant this application. Consequently, I hereby admit the applicant to bail pending the hearing and determination of this case. He shall execute a bond of one million Kenya shillings (Kshs. 1,000,000) with one surety of similar amount. In the alternative he is at liberty to deposit cash bail of three hundred thousand Kenya shillings (Kshs. 300,000) with the court.
Orders are made accordingly.
Dated, signed and delivered this 5th day of May 2015.
S. N. MUTUKU
JUDGE