[2018] KEHC 428 (KLR)
The court granted bail to the accused person because the prosecution did not oppose the application and there were no compelling reasons presented to deny bail. The court exercised its discretion to set bail terms, including a cash bail or bond with surety, and imposed conditions to prevent interference with...
Source-derived case information.
- Citation
- [2018] KEHC 428 (KLR)
- Parties
- Applicant: Republic; Defendant: Cynthia Mumbua Kyalo
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 31 of 2018
- Procedural Posture
- Criminal Case / Ruling on Bail
- Outcome
- Bail granted with conditions.
- Judges
- AM Cockar
- Legal Topics
- Bail Application, Murder Charge, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Cynthia Mumbua Kyalo
Defendant
Procedural Posture
Criminal Case / Ruling on Bail
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for a charge of murder.
- 2 What conditions should be imposed for the grant of bail in a murder case.
Ratio Decidendi
The court granted bail to the accused person because the prosecution did not oppose the application and there were no compelling reasons presented to deny bail. The court exercised its discretion to set bail terms, including a cash bail or bond with surety, and imposed conditions to prevent interference with witnesses. The decision was guided by the constitutional right to bail and the absence of any evidence suggesting the accused would abscond or interfere with the course of justice.
Court Disposition
Bail granted with conditions.
Orders
- The accused may be released on a cash bail of KShs. 100,000.
- Alternatively, the accused may be released on a bond of KShs. 500,000 with one surety of the same amount.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
HIGH COURT
AT NAIROBI
CRIMINAL CASE NO. 31 OF 2018
REPUBLIC...........................................................PROSECUTOR
V E R S U S
CYNTHIA MUMBUA KYALO..................................ACCUSED
RULING ON BAIL
1. The accused person faces a charge of murder contrary to section 203 as read with section 204 of the Penal Code.
2. Having taken into account that bail is not opposed I will grant the accused person application on the following terms:
(a) The Accused may be released on a cash bail of KShs. 100,000/=.
(b) In the alternative the accused may be released on a bond of KShs.500,000/= with one surety of same amount.
(c) The accused is warned not to approach, whether directly or through proxy potential witnesses in this case, or to intimidate, threaten or confront any of them in any way.
(d) If any of the above terms are proved to have been breached the accused is warned that he stands to have his bail cancelled.
DATED AT NAIROBI THIS 13th DAY OF DECEMBER, 2018.
LESIIT, J
JUDGE