[2021] KEHC 8786 (KLR)
The court found that the accused, Hamisi Dzila Chirima, was suitable for release on bond as per the Prebail Report. The prosecution did not object to the accused's release, and no compelling reasons were presented to deny bail. Therefore, the court exercised its discretion to grant bond, setting the amount at...
Source-derived case information.
- Citation
- [2021] KEHC 8786 (KLR)
- Parties
- Applicant: Republic; Defendant: Hamisi Dzila Chirima
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E022 of 2020
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Accused granted bond.
- Legal Topics
- Murder Charge, Bail Application, Prebail Report, Bond Conditions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Hamisi Dzila Chirima
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused is entitled to release on bond pending trial.
- 2 Whether there are any compelling reasons to deny bail to the accused.
Ratio Decidendi
The court found that the accused, Hamisi Dzila Chirima, was suitable for release on bond as per the Prebail Report. The prosecution did not object to the accused's release, and no compelling reasons were presented to deny bail. Therefore, the court exercised its discretion to grant bond, setting the amount at Kshs.500,000 with a surety of a similar amount, in accordance with constitutional and statutory provisions governing bail and bond in criminal cases.
Court Disposition
Accused granted bond.
Orders
- The accused may be released on bond of Kshs.500,000 with a surety of similar amount.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. EO22 OF 2020
REPUBLIC...........................................DPP
VERSUS
HAMISI DZILA CHIRIMA.....ACCUSED
R U L I N G
1. The accused Hamisi Dzila Chirima is charged with the offence of murder contrary to Section 203 as read with Section 204 of the penal code.
2. Particulars are that Hamisi Dzila Chirima on the 20th day of November 2020 at Bofu Location, Kinango sub-county, within Kwale county, jointly with others not before court murdered Matari Ngome Mutuku.
3. The accused person pleaded not guilty to the charged and the court called for a Prebail Report which was duly filed on 16/2/2021. The social inquiries found that accused is suitable to be released on bond.
4. Since the prosecution has no objection to accused persons release on bond, this court hereby orders that he may be released on bond of Kshs.500,000/= with a surety of similar amount.
Dated, signedand deliveredat Mombasathis25thday ofFebruary, 2021.
HON. LADY JUSTICE A. ONG’INJO
JUDGE