[2019] KEHC 9498 (KLR)
The court found that, based on the Replying Affidavit of C/P Joshua Otieno Molla and the information contained therein, there were compelling reasons to deny the accused bond. The judge considered both the Pre bail report and the prosecution's affidavit, and was satisfied that the threshold for denying bond had been...
Source-derived case information.
- Citation
- [2019] KEHC 9498 (KLR)
- Parties
- Applicant: Republic; Defendant: Godfrey Mutethia Kibea alias Kevoo
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 89 of 2019
- Procedural Posture
- Criminal Law / Bond Application Ruling
- Outcome
- Application for bond declined.
- Judges
- A Mabeya
- Legal Topics
- Bail and Bond, Pre Bail Report, Compelling Reasons, Replying Affidavit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Godfrey Mutethia Kibea alias Kevoo
Defendant
Procedural Posture
Criminal Law / Bond Application Ruling
Legal Issues
- 1 Whether the accused should be granted bond pending trial.
- 2 Whether there are compelling reasons to deny bond.
Ratio Decidendi
The court found that, based on the Replying Affidavit of C/P Joshua Otieno Molla and the information contained therein, there were compelling reasons to deny the accused bond. The judge considered both the Pre bail report and the prosecution's affidavit, and was satisfied that the threshold for denying bond had been met. As a result, the application for bond was declined.
Court Disposition
Application for bond declined.
Orders
- The application for bond is hereby declined.
- Mention on 05/06/2019.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
HCCR CASE NO. 89 OF 2018
REPUBLIC ...................................................................PROSECUTOR
VERSUS
GODFREY MUTETHIA KIBEA alias KEVOO...............ACCUSED
R U L I N G
1) I have considered the application for bond. I have considered the Pre bail report on record.
2) I have also considered the Replying Affidavit of C/P Joshua Otieno Molla sworn on 18/12/2018.
3) On the information deponed to in that Replying Affidavit I am satisfied that there are compelling reasons why not to grant bond.
4) Accordingly, the application for bond is hereby declined.
5) Mention on 05/06/2019
A. MABEYA
JUDGE
05/03/2019