[2020] KEHC 4879 (KLR)

[2020] KEHC 4879 (KLR)

The court found that there were no compelling reasons presented to deny the accused bond. The absence of a pre-bail report did not, in itself, constitute a compelling reason to withhold bond. The constitutional right to bond prevails unless the prosecution demonstrates valid grounds for denial, which was not done in this case. Therefore, the accused was entitled to be released on bond with appropriate terms set by the court.

Citation
[2020] KEHC 4879 (KLR)
Parties
Applicant: Republic; Defendant: Edwin Kimathi
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Judgment Date
15 June 2020
Case Number
Criminal Case 15 of 2020
Procedural Posture
Criminal Case / Ruling on Bond
Outcome
Bond granted.
Judges
A Mabeya
Legal Topics
Bail and Bond, Pretrial Release
Source Language
English
Criminal Law Bail and Bond Pretrial Release

Case Brief

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Parties

Republic

Applicant

Edwin Kimathi

Defendant

Procedural Posture

Criminal Case / Ruling on Bond

Legal Issues

  1. 1 Whether there are compelling reasons to deny the accused bond.
  2. 2 Whether the accused should be released on bond pending trial.

Ratio Decidendi

The court found that there were no compelling reasons presented to deny the accused bond. The absence of a pre-bail report did not, in itself, constitute a compelling reason to withhold bond. The constitutional right to bond prevails unless the prosecution demonstrates valid grounds for denial, which was not done in this case. Therefore, the accused was entitled to be released on bond with appropriate terms set by the court.

Court Disposition

Bond granted.

Orders

  • The accused may be released on personal bond of Kshs. 300,000 with a surety of similar amount.
  • Mention scheduled for 22/07/2020.