[2020] KEHC 2532 (KLR)
The court found that the only compelling reason advanced by the prosecution was the alleged flight risk of the accused. However, the pre-bail report was favourable to the accused, noting that his parent resides in Mombasa and is willing to provide accommodation. The court determined that the prosecution had not...
Source-derived case information.
- Citation
- [2020] KEHC 2532 (KLR)
- Parties
- Applicant: Republic; Defendant: Leonard Kamanga Kamau
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E018 of 2020
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- bail granted
- Judges
- J Wakiaga
- Legal Topics
- Bail Application, Flight Risk, Pre Bail Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Leonard Kamanga Kamau
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused should be granted bail pending trial.
- 2 Whether the accused poses a flight risk justifying denial of bail.
Ratio Decidendi
The court found that the only compelling reason advanced by the prosecution was the alleged flight risk of the accused. However, the pre-bail report was favourable to the accused, noting that his parent resides in Mombasa and is willing to provide accommodation. The court determined that the prosecution had not established compelling reasons to deny bail. Consequently, the accused was granted bail on specified terms, with reporting conditions to mitigate any risk of absconding.
Court Disposition
bail granted
Orders
- The accused is released on a bond of KES 500,000 with one surety of similar amount.
- In the alternative, the accused may be released on a cash bail of KES 250,000 with two sureties of similar amount.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
HIGH COURT CRIMINAL CASE NO. E018 OF 2020
REPUBLIC..............................................................................PROSECUTOR
VERSUS
LEONARD KAMANGA KAMAU................................................ACCUSED
RULING
In this matter, the only compelling issue raised by the prosecution for consideration of the court was that the accused was a flight risk. I have seen the pre-bail report ordered by this court which confirms that the accused parent resides in Mombasa and they are willing to offer him an alternative accommodation during the period of the trial.
The pre-bail report herein though not binding on the court is favourable to the accused being granted bond. I therefore allow the application herein and order that the accused be released on the following bond terms: -
a) A bond of Kenya shillings five hundred thousand with one surety of similar amount.
b) In the alternative cash bail of Kshs. 250,000/- with two sureties of similar amount.
c) The accused shall during the period of his trial report to the officer commanding police station at the place where his father resides once after every 30 days until further orders by this court.
Dated, signed and delivered at Nairobi this 14th day of October, 2020 through Microsoft Teams.
...................
WAKIAGA
JUDGE