[2020] KEHC 4888 (KLR)

[2020] KEHC 4888 (KLR)

The court found that there were no compelling reasons presented to deny the accused bond. The prosecution failed to file the pre-bail report as directed, and in the absence of any evidence or argument to the contrary, the accused is entitled to be released on bond as a constitutional right.

Source-derived case information.

Citation
[2020] KEHC 4888 (KLR)
Parties
Respondent: Republic; Defendant: Lekutok Lowakub
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Case Number
Criminal Case 22 of 2020
Procedural Posture
Criminal Law / Bond Ruling
Outcome
Bond granted.
Judges
A Mabeya
Legal Topics
Bail and Bond, Pre Bail Report, Compelling Reasons, Personal Bond
Source Language
en
Criminal Law Bail and Bond Pre Bail Report Compelling Reasons Personal Bond

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Respondent

Lekutok Lowakub

Defendant

Procedural Posture

Criminal Law / Bond Ruling

Legal Issues

  1. 1 Whether there are compelling reasons to deny the accused bond.
  2. 2 Whether the accused should be released on bond pending trial.

Ratio Decidendi

The court found that there were no compelling reasons presented to deny the accused bond. The prosecution failed to file the pre-bail report as directed, and in the absence of any evidence or argument to the contrary, the accused is entitled to be released on bond as a constitutional right.

Court Disposition

Bond granted.

Orders

  • The accused may be released on personal bond of Kshs. 300,000 with a surety of a similar amount.
  • Mention set for 06/10/2020.