[2019] KEHC 8498 (KLR)

[2019] KEHC 8498 (KLR)

The court found that, despite the negative pre-bail report, there were no compelling reasons presented that would justify denying the accused the right to bond. The judge emphasized that the constitutional presumption is in favor of granting bond unless the prosecution demonstrates sufficient grounds to refuse it....

Source-derived case information.

Citation
[2019] KEHC 8498 (KLR)
Parties
Respondent: Republic; Defendant: Mary Gatwiri
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Case Number
Criminal Case 18 of 2019
Procedural Posture
Criminal Case / Ruling on Bond
Outcome
Bond granted to the accused.
Judges
A Mabeya
Legal Topics
Bail and Bond, Pre Bail Reports
Source Language
en
Criminal Law Bail and Bond Pre Bail Reports

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Respondent

Mary Gatwiri

Defendant

Procedural Posture

Criminal Case / Ruling on Bond

Legal Issues

  1. 1 Whether the accused should be granted bond despite a negative pre-bail report.

Ratio Decidendi

The court found that, despite the negative pre-bail report, there were no compelling reasons presented that would justify denying the accused the right to bond. The judge emphasized that the constitutional presumption is in favor of granting bond unless the prosecution demonstrates sufficient grounds to refuse it. As no such grounds were established, the accused was entitled to be released on bond with appropriate terms.

Court Disposition

Bond granted to the accused.

Orders

  • The accused may be released on a personal bond of Kshs. 600,000 and a surety of a similar amount.
  • Mention set for 18/09/2019.