[2015] KEHC 5853 (KLR)
Since the application for bail was not opposed by the State, and there were no compelling reasons presented to deny bail, the court exercised its discretion to admit the applicants to bail or bond on reasonable terms. The court set the bail and bond conditions accordingly, ensuring compliance with constitutional...
Source-derived case information.
- Citation
- [2015] KEHC 5853 (KLR)
- Parties
- Applicant: Jimmy Macharia Kareithi; Applicant: Chris Munene Kilonzo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 98 of 2014
- Procedural Posture
- Criminal Case / Bail Application
- Outcome
- Application for bail allowed.
- Legal Topics
- Bail Pending Trial, Bond Conditions, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jimmy Macharia Kareithi
Applicant
Chris Munene Kilonzo
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Bail Application
Legal Issues
- 1 Whether the applicants should be admitted to bail pending the hearing and determination of the criminal case.
Ratio Decidendi
Since the application for bail was not opposed by the State, and there were no compelling reasons presented to deny bail, the court exercised its discretion to admit the applicants to bail or bond on reasonable terms. The court set the bail and bond conditions accordingly, ensuring compliance with constitutional guarantees of the right to bail.
Court Disposition
Application for bail allowed.
Orders
- Each applicant shall post a bond of one million Kenya shillings (Kshs. 1,000,000) with one surety of similar amount for each applicant.
- In the alternative, each applicant may deposit with the court a cash bail of five hundred thousand Kenya shillings (Kshs. 500,000).
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 98 OF 2014
JIMMY MACHARIA KAREITHI…………………1. ST APPLICANT
CHRIS MUNENE KILONZO…………….....…….2ND APPLICANT
VERSUS
REPUBLIC………………………….……………..RESPONDENT
RULING
Jimmy Macharia Kareithi and Chris Munene Kilonzo, the 1st and 2nd applicants respectively in this application are seeking to be admitted to bail pending the hearing and determination of this case. Both are represented by Mr. Oduor, Advocate.
The application is not opposed so this court will not go into the details of the application and the grounds in support thereof. Miss Macharia for the Respondent informed the court that the State is not opposed to the application.
The purpose of this ruling is therefore to set the bail/bond conditions. There being no objection to the application, I hereby allow the same and admit both applicants to bail/bond on the following terms:
Each applicant shall post a bond of one million Kenya shillings (Kshs. 1,000,000) with one surety of similar amount for each applicant.
In the alternative, each applicant may deposit with the court a cash bail of five hundred thousand Kenya shillings (Kshs. 500,000).
I make orders accordingly.
Dated, signed and delivered this 26th day of March 2015.
S. N. MUTUKU
JUDGE