[2019] KEHC 6898 (KLR)
The court found that there were no compelling reasons presented by the prosecution to deny the accused bond. The pre-bail report was considered, and in the absence of any adverse findings or objections, the accused was entitled to be released on bond as a constitutional right. The court therefore granted the accused...
Source-derived case information.
- Citation
- [2019] KEHC 6898 (KLR)
- Parties
- Respondent: Republic; Defendant: Paul Michubu Mogi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 63 of 2016
- Procedural Posture
- Criminal Case / Ruling on Bond
- Outcome
- Bond granted to the accused.
- 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
Respondent
Paul Michubu Mogi
Defendant
Procedural Posture
Criminal Case / Ruling on Bond
Legal Issues
- 1 Whether there are compelling reasons to deny the accused bond.
Ratio Decidendi
The court found that there were no compelling reasons presented by the prosecution to deny the accused bond. The pre-bail report was considered, and in the absence of any adverse findings or objections, the accused was entitled to be released on bond as a constitutional right. The court therefore granted the accused bond on personal recognizance with a surety of an equivalent amount.
Court Disposition
Bond granted to the accused.
Orders
- The accused may be released on a personal bond of Kshs. 400,000 with a surety of a similar amount.
- Mention scheduled for 13/11/2019.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
HIGH COURT CRIMINAL CASE NO 63 OF 2016
REPUBLIC ……………………………………….….……… PROSECUTOR
VERSUS
PAUL MICHUBU MOGI ………………......…………………......ACCUSED
RULING ON BOND
1. I have considered the Pre bail report. There is no compelling reason. I grant the accused bond. Each may be released on a personal bond of Kshs. 400,000/= with a surety of a similar amount.
Mention 13/11/2019
A. MABEYA
JUDGE
13/06/2019