[2002] KEHC 1264 (KLR)

[2002] KEHC 1264 (KLR)

The court found that the trial magistrate did not have sufficient reasons to reject the security presented by the accused's surety. After considering the application and the respondent's lack of objection, the court held that the lease document for LR 27721, valued at over 2 million shillings, constituted adequate...

Source-derived case information.

Citation
[2002] KEHC 1264 (KLR)
Parties
Applicant: Perry Muhindi Achega; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
28 March 2002
Case Number
Criminal Appeal 295 of 2002
Procedural Posture
Criminal Application / Ruling on Adequacy of Surety/security for Bail
Outcome
application allowed
Legal Topics
Bail and Bond, Surety Approval, Security for Release
Source Language
english
Criminal Law Bail and Bond Surety Approval Security for Release

Source-derived case record

Summary, issues, holding and outcome

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Parties

Perry Muhindi Achega

Applicant

Republic

Respondent

Procedural Posture

Criminal Application / Ruling on Adequacy of Surety/security for Bail

Legal Issues

  1. 1 Whether the security presented by the applicant's surety was adequate for the release of the accused person.
  2. 2 Whether the trial magistrate had sufficient reasons to reject the security and surety presented.

Ratio Decidendi

The court found that the trial magistrate did not have sufficient reasons to reject the security presented by the accused's surety. After considering the application and the respondent's lack of objection, the court held that the lease document for LR 27721, valued at over 2 million shillings, constituted adequate security for the release of the accused. The court ordered that the security be accepted as sufficient for bail as previously ordered by the lower court.

Court Disposition

application allowed

Orders

  • The lease document for LR 27721 presented as security is deemed adequate for the release of the accused in Criminal Case 32/2002.
  • The security shall be produced and accepted as ordered in the Lower Court.