[2023] KEHC 22168 (KLR)
The court declined to grant bail to the accused after considering the Pre-bail Report, which was unfavorable and indicated that the accused may cause harm to himself and others if released. The court held that the safety of the accused and the community are paramount considerations in bail applications. Therefore,...
Source-derived case information.
- Citation
- [2023] KEHC 22168 (KLR)
- Parties
- Applicant: Republic; Defendant: Abdalla Doyo Hamara
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E027 of 2022
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Application for release on bond declined.
- Judges
- A. Ong’injo
- Legal Topics
- Bail Application, Pre Bail Report, Release Conditions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Abdalla Doyo Hamara
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused should be released on bond pending trial.
- 2 Whether the accused poses a risk to himself or others if released.
Ratio Decidendi
The court declined to grant bail to the accused after considering the Pre-bail Report, which was unfavorable and indicated that the accused may cause harm to himself and others if released. The court held that the safety of the accused and the community are paramount considerations in bail applications. Therefore, the application for release on bond was declined until it is determined that the accused can safely be released back into the community.
Court Disposition
Application for release on bond declined.
Orders
- The application for release on bond is declined until it is determined that the accused can safely be released back into the community.
- Hearing set for 11.10.2023 and 12.10.2023.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Hamara (Criminal Case E027 of 2022) [2023] KEHC 22168 (KLR) (4 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22168 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case E027 of 2022
A. Ong’injo, J
August 4, 2023
Between
Republic
Prosecutor
and
Abdalla Doyo Hamara
Accused
Ruling
1. This court has considered the Pre-bail Report dated 31. 7.2023 and finds the same not favourable for release of accused on bond.
2. The application for release on bond is declined until such time that it is determined that the accused can safely be released back into the community as he may cause harm to himself and to others.
3. Hearing on 11. 10. 2023 and 12. 10. 2023.
4. Orders accordingly.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS,THIS 4TH DAY OF AUGUST 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMr. Ngiri for the StateMr. Nabil Advocate for AccusedAccused present in personHON. LADY JUSTICE A. ONG’INJOJUDGE