[2020] KEHC 4827 (KLR)
The court found no compelling reason to deny the accused bond, especially in the absence of a pre-bail report or any adverse information. The constitutional presumption of innocence and the right to bail unless compelling reasons exist were upheld. The court exercised its discretion to grant bond on terms it...
Source-derived case information.
- Citation
- [2020] KEHC 4827 (KLR)
- Parties
- Respondent: Republic; Defendant: Brain Onyango Jaoko
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 14 of 2020
- Procedural Posture
- Criminal Case / Bond Ruling
- Outcome
- Bond granted to the accused.
- Judges
- A Mabeya
- Legal Topics
- Bail and Bond, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Brain Onyango Jaoko
Defendant
Procedural Posture
Criminal Case / Bond Ruling
Legal Issues
- 1 Whether the accused should be granted bond pending trial.
Ratio Decidendi
The court found no compelling reason to deny the accused bond, especially in the absence of a pre-bail report or any adverse information. The constitutional presumption of innocence and the right to bail unless compelling reasons exist were upheld. The court exercised its discretion to grant bond on terms it considered reasonable.
Court Disposition
Bond granted to the accused.
Orders
- The accused may be released on a personal bond of Kshs. 300,000 with a surety of a similar amount.
- Mention set for 22/09/2020.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
HIGH COURT CIMINAL CASE NO 14 OF 2020
REPUBLIC.............................................PROSECUTOR
VERSUS
BRAIN ONYANGO JAOKO.........................ACCUSED
R U L I N G O N B O N D
1. Although the court directed on 30/04/2020 the Probation officer to file a Pre-bail report within thirty days the same has not been filed.
2. There is no reason to deny the accused bond. He may be released on a personal bond of Kshs. 300,000/= with a surety of a similar amount.
Mention 22/09/2020
A. MABEYA
JUDGE
15/06/2020