[2018] KEHC 7720 (KLR)

[2018] KEHC 7720 (KLR)

The court found that there were no compelling reasons presented by the prosecution to justify denial of bond to the accused persons. The reports on record did not indicate any risk of absconding or interference with witnesses. Therefore, the accused persons are entitled to be released on bond pending trial as per...

Source-derived case information.

Citation
[2018] KEHC 7720 (KLR)
Parties
Applicant: Republic; Defendant: Mboi Lobeyol Lodoto; Defendant: Emmanuel Lukwawi Ektella
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Case Number
Criminal Case 96 of 2017
Procedural Posture
Criminal Law / Ruling on Bond
Outcome
Bond granted to both accused persons.
Judges
A Mabeya
Legal Topics
Bail and Bond, Compelling Reasons, Pretrial Release
Source Language
en
Criminal Law Bail and Bond Compelling Reasons Pretrial Release

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Parties

Republic

Applicant

Mboi Lobeyol Lodoto

Defendant

Emmanuel Lukwawi Ektella

Defendant

Procedural Posture

Criminal Law / Ruling on Bond

Legal Issues

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

Ratio Decidendi

The court found that there were no compelling reasons presented by the prosecution to justify denial of bond to the accused persons. The reports on record did not indicate any risk of absconding or interference with witnesses. Therefore, the accused persons are entitled to be released on bond pending trial as per the constitutional guarantee of the right to bail or bond unless compelling reasons are shown.

Court Disposition

Bond granted to both accused persons.

Orders

  • The accused are to be released on a personal bond of Kshs.200,000 each and a surety of a similar amount.
  • Mention on 03/10/2018 to take a date for trial.