[2012] KEHC 2484 (KLR)
The court found that bail is a constitutional right for all suspects and that the prosecution had not provided any compelling reasons to deny the accused bail. After considering the pre-bail report and the submissions, the court admitted the accused to bail with specified terms.
Source-derived case information.
- Citation
- [2012] KEHC 2484 (KLR)
- Parties
- Respondent: Republic; Defendant: Nelson Ambani Mbakaya
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 10 of 2012
- Procedural Posture
- Criminal Law / Bail Application
- Outcome
- Accused admitted to bail.
- Judges
- JV Juma
- Legal Topics
- Bail Pending Trial, Constitutional Rights of Accused
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Nelson Ambani Mbakaya
Defendant
Procedural Posture
Criminal Law / Bail Application
Legal Issues
- 1 Whether the accused is entitled to bail pending the determination of his case.
- 2 Whether there are compelling reasons to deny the accused bail.
Ratio Decidendi
The court found that bail is a constitutional right for all suspects and that the prosecution had not provided any compelling reasons to deny the accused bail. After considering the pre-bail report and the submissions, the court admitted the accused to bail with specified terms.
Court Disposition
Accused admitted to bail.
Orders
- The accused is admitted to bail in the sum of Kshs. 500,000 plus two Kenyan sureties of a similar amount.
Full Case Text
Judgment text and source record
8 paragraphs
REPUBLIC .................................................. PROSECUTION
=VERSUS=
NELSON AMBANI MBAKAYA .............................. ACCUSED
RULING
The accused herein has through his lawyer MR. OKALO applied to be released on bail pending the determination of his case. I have considered the contents of the pre-bail report prepared by the Probation and After Care Services Department. I am also mindful of the fact that bail is a constitutional right guaranteed to all suspects. I find that no compelling reason has been advanced why the accused should not be admitted to bail. As such I do hereby admit the accused to bail in terms of Kshs.500,000/- plus two (2) Kenyan sureties of a similar amount.
Dated and Delivered in Mombasa this 17th day of August 2012.
M. ODERO
JUDGE