[2012] KEHC 1838 (KLR)

[2012] KEHC 1838 (KLR)

The court held that bail is a constitutional right and, after considering the prebail report prepared by the Probation Office, Kisumu, found no compelling reason to deny the accused bail. The court therefore granted the accused bail on the terms specified, emphasizing the constitutional guarantee of pretrial liberty...

Source-derived case information.

Citation
[2012] KEHC 1838 (KLR)
Parties
Respondent: Republic; Applicant: Evans Omondi alias Odiyo
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Criminal Case 52 of 2012
Procedural Posture
Criminal Case / Bail Application
Outcome
bail granted
Judges
HK Chemitei
Legal Topics
Bail Rights, Pretrial Release, Bond Conditions
Source Language
en
Criminal Law Bail Rights Pretrial Release Bond Conditions

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Respondent

Evans Omondi alias Odiyo

Applicant

Procedural Posture

Criminal Case / Bail Application

Legal Issues

  1. 1 Whether the accused is entitled to bail as a constitutional right.
  2. 2 Whether the prebail report supports the grant of bail to the accused.

Ratio Decidendi

The court held that bail is a constitutional right and, after considering the prebail report prepared by the Probation Office, Kisumu, found no compelling reason to deny the accused bail. The court therefore granted the accused bail on the terms specified, emphasizing the constitutional guarantee of pretrial liberty unless there are substantial grounds for refusal.

Court Disposition

bail granted

Orders

  • The accused is admitted to bond of Kshs. 1,000,000 with a surety of similar amount.
  • The accused shall attend court for mention of his case every month until the case is heard and determined.