[2016] KEHC 205 (KLR)
The court found that the initial denial of bail was based on a pre-bail report indicating the accused had no fixed abode, raising concerns about flight risk. However, a subsequent pre-bail report and a letter from the local Chief confirmed that the accused has a home in Kipipiri where his parents live. The court...
Source-derived case information.
- Citation
- [2016] KEHC 205 (KLR)
- Parties
- Respondent: Republic; Applicant: John Kanyara Karanja
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 86 of 2013
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- application for bail allowed
- Judges
- JV Juma
- Legal Topics
- Bail Application, Pre Bail Report, Flight Risk, Bond Conditions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
John Kanyara Karanja
Applicant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused should be granted bail pending trial.
- 2 Whether the accused is a flight risk due to lack of a fixed abode.
Ratio Decidendi
The court found that the initial denial of bail was based on a pre-bail report indicating the accused had no fixed abode, raising concerns about flight risk. However, a subsequent pre-bail report and a letter from the local Chief confirmed that the accused has a home in Kipipiri where his parents live. The court determined that the accused is not a flight risk and, in the absence of opposition from the prosecution, allowed the application for bail. The accused was granted release on bond with specified conditions.
Court Disposition
application for bail allowed
Orders
- The accused John Kanyara Karanja may be released on a bond of Ksh 500,000 plus one surety of like sum.
- Hearing set for 23/1/2017.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 86 OF 2013
REPUBLIC ………………......... STATE
VERSUS
KANYARA KARANJA ….....ACCUSED
RULING
The accused herein JOHN KANIARA KARANJA has through his advocate MS KERUBO has renewed his application to be released on bail during his trial. The application is not opposed by the prosecution.
On 16/12/2015 the High Court declined to grant the accused bail relying of a pre-bail report which indicated that the accused had no fixed abode.
After this application was made the court sought a further pre-bail report which report dated 7/12/2016 was filed in the court on 8/12/2016. This report indicates that accused has a home in Kipipiri where his parents live. The Chief of Mawingu Location, Miharati, one Ben Thuita Irungu has by his letter confirmed this fact. It would appear then that the accused has a home and is not in the circumstances flight-risk. I therefore allow his application for bail.
Accused John Kanyara Karanjamay be released on a bond of Ksh 500,000/= plus one surety of like sum.
Dated in Nakuru this 16th day of December, 2016
Mrs Kerubo for accused
Mr. Motnede for DPP
Court – Hearing on 23/1/2017.
Maureen A. Odero
Judge