[2022] KEHC 2647 (KLR)
The court found no compelling reasons to deny the accused bond after considering the probation officer's report, which indicated that the accused has a fixed place of abode, supportive family, and both parents alive. The State did not oppose the bond application, and the accused's counsel assured the court of the...
Source-derived case information.
- Citation
- [2022] KEHC 2647 (KLR)
- Parties
- Applicant: Republic; Defendant: John Karuga Ndung'u
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E13 of 2021
- Procedural Posture
- Criminal Case / Bond Application Ruling
- Outcome
- Bond granted to the accused.
- Judges
- RB Ngetich
- Legal Topics
- Bail and Bond, Pretrial Release, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
John Karuga Ndung'u
Defendant
Procedural Posture
Criminal Case / Bond Application Ruling
Legal Issues
- 1 Whether the accused should be granted bond pending trial.
- 2 Whether there are compelling reasons to deny the accused bond.
Ratio Decidendi
The court found no compelling reasons to deny the accused bond after considering the probation officer's report, which indicated that the accused has a fixed place of abode, supportive family, and both parents alive. The State did not oppose the bond application, and the accused's counsel assured the court of the accused's commitment to attend court. Therefore, the accused was granted bond on terms set by the court.
Court Disposition
Bond granted to the accused.
Orders
- The accused may be released on bond of Kshs.1,000,000 with one surety of a similar amount.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO. E13 OF 2021
BETWEEN
REPUBLIC.....................................................................................PROSECUTOR
VERSUS
JOHN KARUGA NDUNG’U................................................................ACCUSED
RULING
1. The charge and its particulars were read to the accused on 5th July, 2021. He pleaded not guilty. Ms. Gathua for the accused sought for pre-bail report. The report was filed on 10th November, 2021 as ordered by the court.
2. The State counsel indicated today that they are not opposing bond. Counsel for the accused prayed for favourable bond terms and indicated that the accused will attend court as required.
3. I have perused probation officer’s report filed; it indicate that the accused has a fixed place of aboard. The accused’s both parents are alive and his family are willing to support him to make sure that he attend court.
4. From the foregoing, I see no reasons to deny accused bond.
5. The accused may be released on bond of Kshs.1m with one surety of a similar amount.
RULING DATED AND DELIVERED AT KIAMBU THIS 26TH DAY OF JANUARY, 2022.
RACHEL NGETICH
JUDGE
Coram:
COURT ASSISTANT : KINYUA
FOR DPP :- MS. GACHARIA
FOR ACCUSED :- MS. GATHUA
ACCUSED : PRESENT
COURT
RULING delivered virtually.
RACHEL NGETICH
JUDGE