[2019] KEHC 8405 (KLR)

[2019] KEHC 8405 (KLR)

The court found that there were no compelling reasons presented by the prosecution to justify denial of bond to the accused persons. The pre-bail reports did not disclose any adverse information or risk factors that would warrant refusal of bond. Accordingly, the accused persons were entitled to be released on bond...

Source-derived case information.

Citation
[2019] KEHC 8405 (KLR)
Parties
Applicant: Republic; Defendant: Elijah Murimi Gitonga; Defendant: Edward Gitonga Namisira; Defendant: Julius Mwika Kamee
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Case Number
Criminal Case 11 of 2019
Procedural Posture
Criminal Case / Ruling on Bond
Outcome
Bond granted to all accused persons.
Judges
A Mabeya
Legal Topics
Bail and Bond, Pre Bail Reports, Release Conditions
Source Language
en
Criminal Law Bail and Bond Pre Bail Reports Release Conditions

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Parties

Republic

Applicant

Elijah Murimi Gitonga

Defendant

Edward Gitonga Namisira

Defendant

Julius Mwika Kamee

Defendant

Procedural Posture

Criminal Case / Ruling on Bond

Legal Issues

  1. 1 Whether the accused persons are entitled to bond pending trial.
  2. 2 Whether there are any compelling reasons to deny bond.

Ratio Decidendi

The court found that there were no compelling reasons presented by the prosecution to justify denial of bond to the accused persons. The pre-bail reports did not disclose any adverse information or risk factors that would warrant refusal of bond. Accordingly, the accused persons were entitled to be released on bond as a matter of right under the Constitution, subject to reasonable terms set by the court.

Court Disposition

Bond granted to all accused persons.

Orders

  • Each accused to be released on personal bond of Kshs. 600,000 and one surety of a similar amount.
  • Mention scheduled for 18/09/2019.