[2021] KEHC 2882 (KLR)
The court found that there were no compelling reasons to deny the accused person bail. Although the pre-bail report highlighted insufficient social support and minimal chances of adherence to court orders, the probation officer confirmed that the accused was not a flight risk and had a steady place of residence. The...
Source-derived case information.
- Citation
- [2021] KEHC 2882 (KLR)
- Parties
- Respondent: Republic; Applicant: Hamisi Horres Lenga alias Boosho
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E020 of 2021
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- bail granted
- Legal Topics
- Bail Application, Murder Charge, Pre Bail Report, Compelling Reasons, Bond Terms
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Hamisi Horres Lenga alias Boosho
Applicant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether there are compelling reasons to deny the accused person bail pending trial.
- 2 Whether the accused poses a flight risk or is likely to abscond if released on bond.
- 3 Whether lack of family support is a sufficient ground to deny bail.
Ratio Decidendi
The court found that there were no compelling reasons to deny the accused person bail. Although the pre-bail report highlighted insufficient social support and minimal chances of adherence to court orders, the probation officer confirmed that the accused was not a flight risk and had a steady place of residence. The absence of family support for bail was not considered a sufficient ground to deny bail, as friends could act as sureties. There was no evidence that the victim's family would object to the accused's release. Consequently, the court exercised its discretion to grant bail, setting the bond at Kshs. 500,000 with a surety of a similar amount.
Court Disposition
bail granted
Orders
- The accused may be released on bond of Kshs. 500,000 with a surety of a similar amount.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. E020 OF 2021
REPUBLIC..............................................................................................PROSECUTOR
VERSUS
HAMISI HORRES LENGA alias BOOSHO................................................ACCUSED
R U L I N G
1. The Accused persons, HAMISI HORRES LENGA alias BOOSHO, is accused with the offence of murder contrary to Section 203 as read with Section 204 of the penal code.
2. Particulars are that Hamisi Horres Lenga alias Boosho on the 8th day of May 2021 Four Farm area within Majengo Kanamai area within Kilifi South Sub County within Kilifi County murdered Alice Kabibi Katana. Accused pleaded not guilty to the offence of murder and pre-bail report was called for by the court.
3. Prebail report dated 7/10/2021 was filed on 7/10/2021. It was established that accused didn’t have sufficient social support mechanisms and his chances of adherence to court orders and court attendances appeared minimal in the event he’s released on bond as there was no willingness and support from the community or family. The accused persons family members did not show interest in bailing him out.
4. The probation officer however said that accused is not a flight risk as he has steady place of residence and he stays together with his family. The probation officer didn’t interview the victim’s family and we therefore have no indication they would object to release of accused on bond. The fact that accused persons close family members have not shown interest of bailing him out does not stop his friends to bail him out.
5. In the circumstances this court finds that in absence of compelling reasons to deny accused persons bond him may be released on bond of Kshs.500,000/= with surety of a similar amount.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 19TH DAY OF OCTOBER 2021
HON. LADY JUSTICE A. ONG’INJO
JUDGE
IN THE PRESENCE OF:-
Ogwel- Court Assistant
MR. MULAMULA FOR STATE
MS. NABWANA ADVOCATE FOR ACCUSED – NO APPEARANCE
ACCUSED – PRESENT IN PERSON
HON. LADY JUSTICE A. ONG’INJO J
ORDER: 9/11/2021 - NOTICE TO MS. NAMBWANA ADVOCATE
HON. LADY JUSTICE A. ONGI’NJO
JUDGE