[2019] KEHC 9799 (KLR)
The court found that the pre-bail report on the accused was negative and that there existed compelling reasons not to admit the accused to bond. Consequently, the application for bond was declined in accordance with the constitutional standard that allows denial of bond where compelling reasons are established.
Source-derived case information.
- Citation
- [2019] KEHC 9799 (KLR)
- Parties
- Applicant: Republic; Defendant: Moses Kimani Ncebere
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 15 of 2018
- Procedural Posture
- Criminal Law / Bond Application Ruling
- Outcome
- application for bond declined
- Judges
- A Mabeya
- Legal Topics
- Bail and Bond, Pre Bail Report, Compelling Reasons
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Moses Kimani Ncebere
Defendant
Procedural Posture
Criminal Law / Bond Application Ruling
Legal Issues
- 1 Whether the accused should be granted bond pending trial.
Ratio Decidendi
The court found that the pre-bail report on the accused was negative and that there existed compelling reasons not to admit the accused to bond. Consequently, the application for bond was declined in accordance with the constitutional standard that allows denial of bond where compelling reasons are established.
Court Disposition
application for bond declined
Orders
- The application for bond is declined.
- Mention on 05/06/2019 to give a date for hearing.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
HCCR CASE NO. 15 OF 2018
REPUBLIC.................................................DPP
VERSUS
MOSES KIMANI NCEBERE........ACCUSED
R U L I N G
1. I have considered the application for bond. I have also considered the Pre- bail report of the accused dated 26/02/2019. The same is negative of the accused.
2. Accordingly, I find that there are compelling reasons why the accused should not be admitted to bond. The application for bond is declined.
Mention on 05/06/2019 to give a date for hearing.
A. MABEYA
JUDGE
26/02/2019