[2017] KEHC 463 (KLR)

[2017] KEHC 463 (KLR)

The court found that there was no objection to the bond application by the prosecution and that the pre-bail report did not disclose any compelling reasons to deny the accused bond. Therefore, the accused was entitled to be released on bond as a matter of right under the Constitution, subject to provision of surety.

Source-derived case information.

Citation
[2017] KEHC 463 (KLR)
Parties
Respondent: Republic; Defendant: Francis Petro
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Judgment Date
12 June 2017
Case Number
Criminal Case 28 of 2017
Procedural Posture
Criminal Case / Ruling on Bond Application
Outcome
Bond granted to the accused.
Judges
A Mabeya
Legal Topics
Bail and Bond, Pre Bail Reports
Source Language
english
Criminal Law Bail and Bond Pre Bail Reports

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Respondent

Francis Petro

Defendant

Procedural Posture

Criminal Case / Ruling on Bond Application

Legal Issues

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

Ratio Decidendi

The court found that there was no objection to the bond application by the prosecution and that the pre-bail report did not disclose any compelling reasons to deny the accused bond. Therefore, the accused was entitled to be released on bond as a matter of right under the Constitution, subject to provision of surety.

Court Disposition

Bond granted to the accused.

Orders

  • The accused may be released on bond of KShs. 200,000 with a surety of a similar amount.
  • Mention on 9/10/2017 to fix the matter for hearing.