[2013] KEHC 3 (KLR)
The court found that there was no objection from the State to the grant of bail and, in the absence of compelling reasons to deny bail, the applicants were entitled to be released on bond. The court exercised its discretion to grant bail, subject to the applicants executing a bond of Kshs. 300,000 each, providing...
Source-derived case information.
- Citation
- [2013] KEHC 3 (KLR)
- Parties
- Applicant: Mary Nyaboke Orari; Applicant: Erick Nyambega Orangi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 57 of 2013
- Procedural Posture
- Criminal Case / Ruling on Bond
- Outcome
- Bail granted to both applicants subject to specified conditions.
- Judges
- EM Muriithi
- Legal Topics
- Bail Application, Bond Terms, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Nyaboke Orari
Applicant
Erick Nyambega Orangi
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Ruling on Bond
Legal Issues
- 1 Whether the applicants are entitled to bail pending trial.
- 2 What conditions should be imposed for the grant of bail.
Ratio Decidendi
The court found that there was no objection from the State to the grant of bail and, in the absence of compelling reasons to deny bail, the applicants were entitled to be released on bond. The court exercised its discretion to grant bail, subject to the applicants executing a bond of Kshs. 300,000 each, providing one surety each for a similar amount, not leaving the jurisdiction without court permission, and reporting to the Deputy Registrar every 30 days pending trial. These conditions were imposed to ensure the applicants' attendance at trial and to safeguard the interests of justice.
Court Disposition
Bail granted to both applicants subject to specified conditions.
Orders
- Each accused to execute a bond of Kshs. 300,000.
- Each accused to provide one surety for Kshs. 300,000.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 57 OF 2013
MARY NYABOKE ORARI ……………………………………………..……1ST APPLICANT
ERICK NYAMBEGA ORANGI ………………………………………...……2ND APPLICANT
VERSUS
REPUBLIC …………………………………………………………………...RESPONDENT
13/6/2013
Before Edward M. Muriithi J.
Mongare court clerk/interpretation
Accused present
N/A for accused
Mr. Majale for State
RULING ON BOND
Court:Upon hearing the accused on their application for bail and writing the no objection by the State. I grant the accused bail upon terms that each:
The Accused to execute a bond of kshs. 300,000/=.
The Accused to provide (1) surety for the similar amount of kshs. 300,000/=.
The Accused shall not to leave the jurisdiction of the court without permission of the court.
Accused to attend to the Deputy Registrar of the Court every 30 days pending the hearing and determination of the trial.
Dated and delivered this 13th day of JUNE 2013.
…………………………………………………
EDWARD M. MURIITHI
JUDGE