[2019] KEHC 8660 (KLR)
The court found that the pre-bail reports indicated the security of the accused persons could not be guaranteed if released on bond. This constituted a compelling reason to deny bond at this stage. The court therefore declined to release the accused on bond but allowed for the possibility of a future application...
Source-derived case information.
- Citation
- [2019] KEHC 8660 (KLR)
- Parties
- Applicant: Republic; Defendant: J M M; Defendant: D M K; Defendant: Charles Muthee M’Irimba
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 13 of 2019
- Procedural Posture
- Criminal Case / Ruling on Bond
- Outcome
- Bond denied at this stage; accused persons to remain in remand custody.
- Judges
- A Mabeya
- Legal Topics
- Bail and Bond, Pretrial Detention
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
J M M
Defendant
D M K
Defendant
Charles Muthee M’Irimba
Defendant
Procedural Posture
Criminal Case / Ruling on Bond
Legal Issues
- 1 Whether the accused persons should be released on bond pending trial.
- 2 Whether the security of the accused can be guaranteed if released on bond.
Ratio Decidendi
The court found that the pre-bail reports indicated the security of the accused persons could not be guaranteed if released on bond. This constituted a compelling reason to deny bond at this stage. The court therefore declined to release the accused on bond but allowed for the possibility of a future application should circumstances change.
Court Disposition
Bond denied at this stage; accused persons to remain in remand custody.
Orders
- The 1st and 2nd accused to be remanded in Meru Children’s Remand Home.
- The 3rd accused to be remanded at Meru G.K. Prison.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
HIGH COURT CRIMINAL CASE NO 13 OF 2019
REPUBLIC....................................................................DPP
VERSUS
1. J M M......................................................1ST ACCUSED
2. D M K.....................................................2ND ACCUSED
3. CHARLES MUTHEE M’IRIMBA.....3RD ACCUSED
RULING ON BOND
1) I have considered the application for bond. I have also considered the Pre-bail reports on record. They show that the security of the accused cannot be guaranteed. There are therefore, reasons not to release the accused on bond. They can apply for bond at a later stage.
2) The 1st and 2nd Accused be remanded in Meru Children’s Remand home.
3) The 3rd accused be remanded at Meru G.K. Prison.
Mention 18/09/2019
A. MABEYA
JUDGE
04/04/2019