[2021] KEHC 8554 (KLR)
The court found that, based on the findings of the Probation Officer in the Prebail Report, there are sufficient reasons to deny the accused bail at this stage. The court exercised its discretion to keep the accused in custody during trial, noting that the right to bail is not absolute and may be limited where...
Source-derived case information.
- Citation
- [2021] KEHC 8554 (KLR)
- Parties
- Applicant: Republic; Defendant: Matano Mashungi Mwango Nyale
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case EO20 of 2020
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Bail denied; accused to remain in custody during trial.
- Legal Topics
- Murder Charge, Bail Application, Prebail Report, Custodial Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Matano Mashungi Mwango Nyale
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused should be granted bail pending trial.
- 2 Whether the findings of the Prebail Report justify denial of bail.
Ratio Decidendi
The court found that, based on the findings of the Probation Officer in the Prebail Report, there are sufficient reasons to deny the accused bail at this stage. The court exercised its discretion to keep the accused in custody during trial, noting that the right to bail is not absolute and may be limited where compelling reasons exist. The court left open the possibility for the accused to renew the bail application should circumstances change.
Court Disposition
Bail denied; accused to remain in custody during trial.
Orders
- The accused shall remain in custody during trial unless circumstances change and a fresh application for bail is made.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. EO20 OF 2020
REPUBLIC...................................................................DPP
VERSUS
MATANO MASHUNGI MWANGO NYALE...ACCUSED
R U L I N G
1. The accused Matano Mashungi Mwango Nyale is facing a charge of murder contrary to Section 203 as read with Section 204 of the penal code.
2. Particulars are that Matano Mashungi Mwango Nyale on the 6th day of December 2020 at Vipingo Sublocation within Kilifi County, jointly with other not before court murdered Bahati Charo Mwambegu.
3. The accused pleaded not guilty and the court called for a Prebail Report. The Prebail Report was filed on 16/2/2021.
4. In consideration of the findings of the Probation Officer on social inquiries this court is inclined not to grant bond to the accused person for now. He will remain in custody during trial unless circumstances change in which case he may apply for renew of the orders herein.
DATED, SIGNEDAND DELIVEREDAT MOMBASATHIS25THDAY OFFEBRUARY, 2021.
HON. LADY JUSTICE A. ONG’INJO
JUDGE