[2013] KEHC 1446 (KLR)
The court found that the pre-bond reports for the applicants were favourable and that the state had not provided any compelling reasons to deny bond. Although the offence is serious, seriousness alone is not a sufficient ground to deny bond. Therefore, the applicants are entitled to be released on bond with...
Source-derived case information.
- Citation
- [2013] KEHC 1446 (KLR)
- Parties
- Applicant: Rashid Bakari Juma alias Kakumba; Applicant: Swaleh Mahebebu Mushin; Applicant: Hassan Hasrullah Musa alias Nguti; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 38 of 2013
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- Applicants granted bond.
- Judges
- GO Shikwe
- Legal Topics
- Bail and Bond, Compelling Reasons, Pre Bond Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rashid Bakari Juma alias Kakumba
Applicant
Swaleh Mahebebu Mushin
Applicant
Hassan Hasrullah Musa alias Nguti
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether the applicants should be granted bond pending trial.
- 2 Whether the state has provided compelling reasons to deny bond.
Ratio Decidendi
The court found that the pre-bond reports for the applicants were favourable and that the state had not provided any compelling reasons to deny bond. Although the offence is serious, seriousness alone is not a sufficient ground to deny bond. Therefore, the applicants are entitled to be released on bond with appropriate conditions to ensure their attendance at trial.
Court Disposition
Applicants granted bond.
Orders
- Each accused may be released on bond of Ksh. 1 million with one surety of similar amount.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 38 OF 2013
1. RASHID BAKARI JUMA alias KAKUMBA
2. SWALEH MAHEBEBU MUSHIN
3. HASSAN HASRULLAH MUSA alias NGUTI …................APPLICANTS
VERSUS
REPUBLIC ….......................................................................... RESPONDENT
RULING
The second Accused was discharged on the strength of a Nolle Prosequi entered on 22nd October, 2013. The Court had ordered for pre-bond reports. The reports are favourable. The state has not given compelling reasons in respect to the application for bond.
The Court does note that this is a serious offence. Each Accused may be released on bond of Ksh. 1 million with one surety of similar amount.
Ruling delivered dated and signed this 8th day of November, 2013.
….....................
M. MUYA
JUDGE
8TH NOVEMBER, 2013
In the presence of:-
Learned Counsel Magolo for the Accusedpersons
Learned Statee Counsel Miss Ogweno
Court clerk Musundi
M. MUYA
JUDGE
8TH NOVEMBER, 2013
Court: Hearing 20th February, 2013
….....................
M. MUYA
JUDGE
8TH NOVEMBER, 2013