[2011] KEHC 1803 (KLR)
The court found that the accused has a fixed abode, is a family man, and does not present a high flight risk. There was no objection from the prosecution. The constitutional right to bail under Article 49(1)(h) applies, and there were no compelling reasons presented to deny bail. Therefore, the accused was admitted...
Source-derived case information.
- Citation
- [2011] KEHC 1803 (KLR)
- Parties
- Respondent: Republic; Applicant: Fulmence Lenjo Maghanga
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 12 of 2009
- Procedural Posture
- Criminal Case / Bail Application
- Outcome
- bail_granted
- Judges
- JV Juma
- Legal Topics
- Bail Application, Pretrial Release, Flight Risk, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Fulmence Lenjo Maghanga
Applicant
Procedural Posture
Criminal Case / Bail Application
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether the accused poses a flight risk that would justify denial of bail.
Ratio Decidendi
The court found that the accused has a fixed abode, is a family man, and does not present a high flight risk. There was no objection from the prosecution. The constitutional right to bail under Article 49(1)(h) applies, and there were no compelling reasons presented to deny bail. Therefore, the accused was admitted to bail with specified terms.
Court Disposition
bail_granted
Orders
- The accused is admitted to bail in the sum of Kshs. 500,000 plus two Kenyan sureties of like sum.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 12 OF 2009
REPUBLIC.................................................................................................PROSECUTOR
=VERSUS=
FULMENCE LENJO MAGHANGA....................................................................ACCUSED
RULING
The accused through his advocate Ms. Odhiang has applied to be released on bail for the duration of his trial. Mr. Onserio for the State made no objection to the release of the accused on bail. The right of an accused person to be released on bail is enshrined in Article 49(1) (h) of the Constitution of Kenya. I have considered this application. I have also considered the pre-bail report prepared by the Probation Department. The accused has a fixed abode and is a family man. I do not consider him a high flight risk. I do hereby admit the accused to bail in terms of Kshs.500,000/- plus two (2) Kenyan sureties of like sum.
M. ODERO
JUDGE
22. 7.2011
Mr. Onserio for State
Mr. Njiru for Accused