[2019] KEHC 9488 (KLR)

[2019] KEHC 9488 (KLR)

The court found that the pre-bail reports for both accused persons were positive and that the prosecution did not demonstrate any compelling circumstances that would justify denial of bond. In the absence of such circumstances, and in line with constitutional and statutory provisions, the accused persons were...

Source-derived case information.

Citation
[2019] KEHC 9488 (KLR)
Parties
Applicant: Republic; Defendant: David Kirimi; Defendant: Immanuel Murithi
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Case Number
Criminal Case 72 of 2018
Procedural Posture
Criminal Case / Ruling on Bond
Outcome
Accused persons admitted to bond.
Judges
A Mabeya
Legal Topics
Bail and Bond, Pre Bail Reports, Compelling Circumstances
Source Language
en
Criminal Law Bail and Bond Pre Bail Reports Compelling Circumstances

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Parties

Republic

Applicant

David Kirimi

Defendant

Immanuel Murithi

Defendant

Procedural Posture

Criminal Case / Ruling on Bond

Legal Issues

  1. 1 Whether there are compelling circumstances to deny the accused persons bond.
  2. 2 Whether the accused persons should be admitted to bond pending trial.

Ratio Decidendi

The court found that the pre-bail reports for both accused persons were positive and that the prosecution did not demonstrate any compelling circumstances that would justify denial of bond. In the absence of such circumstances, and in line with constitutional and statutory provisions, the accused persons were entitled to be released on bond pending trial. The court therefore admitted each accused to a personal bond of Kshs. 250,000 with a surety of a similar amount.

Court Disposition

Accused persons admitted to bond.

Orders

  • Each accused may be released on a personal bond of Kshs. 250,000 with a surety of a similar amount.
  • Mention on 05/06/2019 to give a date for trial.