[2019] KEHC 9517 (KLR)
The court found that although bond is a constitutional right, there were compelling reasons to deny the accused bond in this case. The Pre-bail report indicated that the safety of the accused could not be guaranteed if released, raising concerns that he might not attend court as required. Additionally, the...
Source-derived case information.
- Citation
- [2019] KEHC 9517 (KLR)
- Parties
- Applicant: Republic; Defendant: Isa Mohamud Wako alias Guyo Mohamud Wako
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 92 of 2018
- Procedural Posture
- Criminal Law / Ruling on Bail Application
- Outcome
- Bond denied; accused to remain in custody.
- Judges
- A Mabeya
- Legal Topics
- Bail and Bond, Compelling Reasons, Witness Interference
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Isa Mohamud Wako alias Guyo Mohamud Wako
Defendant
Procedural Posture
Criminal Law / Ruling on Bail Application
Legal Issues
- 1 Whether the accused is entitled to bond as a constitutional right.
- 2 Whether there are compelling reasons to deny the accused bond.
- 3 Whether the safety of the accused can be guaranteed if released on bond.
Ratio Decidendi
The court found that although bond is a constitutional right, there were compelling reasons to deny the accused bond in this case. The Pre-bail report indicated that the safety of the accused could not be guaranteed if released, raising concerns that he might not attend court as required. Additionally, the Investigations Officer's affidavit provided evidence that the accused had already attacked and injured a prosecution witness, demonstrating a real risk of interference with witnesses. These factors satisfied the court that the threshold for compelling reasons had been met, justifying the denial of bond.
Court Disposition
Bond denied; accused to remain in custody.
Orders
- The application for bond is denied.
- Mention on 24/06/2019 to give a date for trial.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
HCCR CASE NO. 92 OF 2018
REPUBLIC....................................................................................DPP
VERSUS
ISA MOHAMUD WAKO alias
GUYO MOHAMUD WAKO ......................................DEFENDANT
R U L I N G
1) I have considered the application for bond. Bond is a Constitutional right for every accused unless there are compelling reasons.
2) On record is a Pre-bail report by the Probation Officer. It indicates that the safety of the accused cannot be guaranteed if he is released.
3) The purpose of bond is to ensure that an accused attends Court when needed. If safety of accused cannot be guaranteed, then it means that he might not be present when required to attend court.
4) Further, there is an Affidavit by the Investigations Officer to the effect that the accused may interfere with prosecution witnesses. There is evidence of his having already attacked and injured one as per the P3 Forms on record.
5) Accordingly, I am satisfied that there are compelling reasons why the accused should not be released on bond.
Mention on 24/06/2019 to give a date for trial
A. MABEYA
JUDGE
13/03/2019