[2020] KEHC 3548 (KLR)
The court found that there were no compelling reasons presented to deny the accused bond. The circumstances had changed since January 2020, and the prosecution did not oppose the application. Therefore, the accused was entitled to be released on bond as per constitutional and statutory provisions.
Source-derived case information.
- Citation
- [2020] KEHC 3548 (KLR)
- Parties
- Applicant: Republic; Defendant: Martin Kirimi Daniel
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 89 of 2019
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- application allowed
- Judges
- A Mabeya
- Legal Topics
- Bail and Bond, Compelling Reasons, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Martin Kirimi Daniel
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether there are compelling reasons to deny the accused bond.
- 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 circumstances had changed since January 2020, and the prosecution did not oppose the application. Therefore, the accused was entitled to be released on bond as per constitutional and statutory provisions.
Court Disposition
application allowed
Orders
- The accused may be released on a personal bond of Kshs. 300,000 with a surety of a similar amount.
- Mention set for 9/11/2020.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO 89 OF 2019
REPUBLIC.....................................................................DPP
VERSUS
MARTIN KIRIMI DANIEL..............................ACCUSED
R U L I N G O N B O N D
1. I have considered the Supporting Affidavit of the application dated 06/08/2020. The same was served but not opposed as per the Affidavit of service sworn on 11/08/2020.
2. Looking at the Supporting Affidavit, I see no compelling reasons to deny the accused bond. The circumstances are not the same as were in January 2020.
3. I allow the application. The accused may be released on a personal bond of Kshs. 300,000 with a surety of a similar amount.
Mention 9/11/2020
A. MABEYA
JUDGE
12/08/2020