[2015] KEHC 649 (KLR)
The court found that since the State did not oppose the application for bail and confirmed there were no compelling reasons to deny the accused bail, the accused was entitled to be released on bail or bond. The court therefore granted bail on specified terms, in accordance with the constitutional right to bail.
Source-derived case information.
- Citation
- [2015] KEHC 649 (KLR)
- Parties
- Respondent: Republic; Defendant: Everlyne Wanza Kilungya
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 104 of 2015
- Procedural Posture
- Criminal Case / Bail Application
- Outcome
- bail granted
- Legal Topics
- Bail Application, Compelling Reasons, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Everlyne Wanza Kilungya
Defendant
Procedural Posture
Criminal Case / Bail Application
Legal Issues
- 1 Whether there are compelling reasons to deny the accused bail.
- 2 Whether the accused should be released on bail or bond pending trial.
Ratio Decidendi
The court found that since the State did not oppose the application for bail and confirmed there were no compelling reasons to deny the accused bail, the accused was entitled to be released on bail or bond. The court therefore granted bail on specified terms, in accordance with the constitutional right to bail.
Court Disposition
bail granted
Orders
- Accused may deposit cash bail in the sum of KShs.50,000 for her release.
- Alternatively, accused may sign a bond of KShs.200,000 with one surety of like sum.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 104 OF 2015
LESIIT, J.
REPUBLIC …………..………..……............................................……..…... PROSECUTOR
-VERSUS -
EVERLYNE WANZA KILUNGYA …..………….………........................…..…… ACCUSED
RULING
The accused application to be released on bail in unopposed by the State. That means there are no compelling reasons known to the State to deny the accused bail.
Bail is therefore granted on the following terms:
Accused may deposit cash bail in the sum of KShs.50,000/= for her release.
In the alternative accused may sign a bond of KShs.200,000/= with one surety of like sum.
No reporting to any police station or mention in court is required in this case.
DATED AT NAIROBI THIS 17TH DAY OF DECEMBER, 2015.
LESIIT, J.
JUDGE.