[2013] KEHC 5793 (KLR)
The court found that since the State did not oppose the application for bail and the accused had provided a surety and demonstrated means, the purpose of bail would be served by imposing terms that ensure his attendance at trial. The court considered the seriousness of the charge and the need to balance the...
Source-derived case information.
- Citation
- [2013] KEHC 5793 (KLR)
- Parties
- Respondent: Republic; Applicant: Dennis Nyangau Nyangare alias Ibrahim
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 49 of 2010
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- Bail granted with conditions.
- Judges
- EM Muriithi
- Legal Topics
- Bail Conditions, Murder Charge, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Dennis Nyangau Nyangare alias Ibrahim
Applicant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused should be granted bail pending trial for a charge of murder.
- 2 What terms are appropriate to ensure the accused attends court for trial.
Ratio Decidendi
The court found that since the State did not oppose the application for bail and the accused had provided a surety and demonstrated means, the purpose of bail would be served by imposing terms that ensure his attendance at trial. The court considered the seriousness of the charge and the need to balance the accused's right to liberty with the interests of justice. Accordingly, the court granted bail on the condition that the accused execute a bond of Kshs. 300,000 with one surety of a similar amount, not leave the court's jurisdiction without permission, and report to the Deputy Registrar every 30 days pending trial.
Court Disposition
Bail granted with conditions.
Orders
- The accused to execute a bond of Kshs. 300,000.
- The accused to provide one surety for Kshs. 300,000.
Full Case Text
Judgment text and source record
25 paragraphs
No. 23
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 49 OF 2010
REPUBLIC ………………………………………………………………….…... PROSECUTOR
VERSUS
DENNIS NYANGAU NYANGARE alias IBRAHIM….......…………………………… ACCUSED
RULING
The application for bail is not opposed by the State. The charge is murder contrary to section 203 as read with section 204 of the Penal Code.
The accused is a driver who earned kshs. 15,000/= and he states that he has a surety for his attendance to court for the hearing of his trial.
The terms of the bail should be such as to ensure that the accused attends court for his trial having regard to all the circumstances of the case.
I consider that the purpose of bail in this case will be served by releasing the accused on terms that:-
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
n of the trial.
Dated and delivered this 13th day of JUNE 2013.
…………………………………………………
EDWARD M. MURIITHI
JUDGE
In the presence of: -
………………………. for the Accused
………………………….. for the State
Mr. Edwin Mongare Court Clerk