[2023] KEHC 22230 (KLR)

[2023] KEHC 22230 (KLR)

The court declined to grant bond to the accused after considering the Prebail Report and the affidavit by the investigating officer, finding that the current circumstances do not make it safe for the accused to be released on bond. The court held that the right to bail is not absolute and may be limited where there...

Source-derived case information.

Citation
[2023] KEHC 22230 (KLR)
Parties
Applicant: Republic; Defendant: Mgandi Mambo Mugandi
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Case Number
Criminal Case E008 of 2023
Procedural Posture
Criminal Case / Ruling on Bond Application
Outcome
Bond application declined; accused to remain in custody.
Judges
A. Ong’injo
Legal Topics
Bail and Bond, Pretrial Detention
Source Language
en
Criminal Law Bail and Bond Pretrial Detention

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Applicant

Mgandi Mambo Mugandi

Defendant

Procedural Posture

Criminal Case / Ruling on Bond Application

Legal Issues

  1. 1 Whether the accused should be released on bond pending trial.
  2. 2 Whether prevailing circumstances make it safe for the accused to be released on bond.

Ratio Decidendi

The court declined to grant bond to the accused after considering the Prebail Report and the affidavit by the investigating officer, finding that the current circumstances do not make it safe for the accused to be released on bond. The court held that the right to bail is not absolute and may be limited where there are compelling reasons, such as safety concerns, and that the accused's application for bond may be reconsidered if circumstances change.

Court Disposition

Bond application declined; accused to remain in custody.

Orders

  • The accused person’s application for bond is declined until it is confirmed that circumstances on the ground have changed to make it safe for release on bond.
  • Hearing scheduled for October 11, 2023 and October 12, 2023.