[2020] KEHC 9101 (KLR)
The court found that the circumstances which previously justified denial of bond—specifically, the need to protect one accused as a potential prosecution witness—no longer exist. All accused now stand on equal footing regarding the charges, and there are no longer any compelling reasons to deny bond. The court...
Source-derived case information.
- Citation
- [2020] KEHC 9101 (KLR)
- Parties
- Applicant: Republic; Defendant: Eddlied Mandi Jilani; Defendant: Makonde Ruwa Buni; Defendant: Ngaira Karisa Charo
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 24 of 2018
- Procedural Posture
- Criminal Case / Ruling on Bond
- Outcome
- Bond granted to all accused persons.
- Judges
- DO Ogembo
- Legal Topics
- Bail and Bond, Pretrial Detention, Change of Circumstances
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Eddlied Mandi Jilani
Defendant
Makonde Ruwa Buni
Defendant
Ngaira Karisa Charo
Defendant
Procedural Posture
Criminal Case / Ruling on Bond
Legal Issues
- 1 Whether the accused persons should now be granted bond given the change in circumstances.
- 2 Whether the previous reasons for denying bond still exist.
Ratio Decidendi
The court found that the circumstances which previously justified denial of bond—specifically, the need to protect one accused as a potential prosecution witness—no longer exist. All accused now stand on equal footing regarding the charges, and there are no longer any compelling reasons to deny bond. The court therefore admitted all three accused persons to bond on specified terms.
Court Disposition
Bond granted to all accused persons.
Orders
- Each accused person shall execute a personal bond of Kshs. 700,000 with two sureties of similar amount.
Full Case Text
Judgment text and source record
24 paragraphs
THE REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
CRIMINAL CASE NO. 24 OF 2018
REPUBLIC...........................................................................PROSECUTOR
VERSUS
1. EDDLIED MANDI JILANI
2. MAKONDE RUWA BUNI
3. NGAIRA KARISA CHARO
4. KATANA KARISA CHARO...................................................ACCUSED
RULING ON BOND
The Background
1. The background to this Ruling on bond is to be found in the considered Ruling of this court on record dated 20/09/2018. In that Ruling and for the reasons stated thereon this court denied the accused persons bond. The accused persons have been attending trial herein while in custody.
2. The circumstances which caused the court to deny the accused persons bond have since changed. This court had earlier considered the possibility of the 3rd accused person entering a plea bargain with the prosecution, and thereby needing to be protected as a witness. That is now not the case. All the three accused persons now stand pari-passu to each other and to the charges against them. There is no longer a need to protect one of them as a witness.
3. I re-state the Ruling herein dated 20/9/18 except that I now discount the existence of any factors denying the accused persons bond. Accordingly, all the three accused persons herein are hereby admitted to bond on the following terms:
(i) The accused persons shall each execute personal bond of Kshs. Seven Hundred Thousand (Kshs. 700,000/=) with two sureties of similar amount.
Dated, Signed and Delivered at Mombasa this 22nd day of January, 2020.
E. K. OGOLA
JUDGE
In the presence of:
Mr. Magolo for 1st Accused
Mw. Wamotsa for 2nd accused
Mr. Fedha holding brief Kemo for DPP
3rd Accused in person
Mr. Kaunda Court Assistant