[2015] KEHC 5385 (KLR)
The court determined that before making a decision on the 2nd accused's bond application, it is necessary to investigate the threats alleged by the applicant's family. The investigating officer is directed to look into the threats and report to the court within two weeks. Additionally, a pre-bond report is to be...
Source-derived case information.
- Citation
- [2015] KEHC 5385 (KLR)
- Parties
- Respondent: Republic; Defendant: Rashid Bakari Juma; Defendant: Yusuf Abdukarir Soud
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 38 of 2013
- Procedural Posture
- Criminal Case / Bond Application Ruling
- Outcome
- Bond application deferred pending investigation and pre-bond report.
- Judges
- GO Shikwe
- Legal Topics
- Murder Charge, Bail and Bond, Pre Bond Report, Threats to Witnesses
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Rashid Bakari Juma
Defendant
Yusuf Abdukarir Soud
Defendant
Procedural Posture
Criminal Case / Bond Application Ruling
Legal Issues
- 1 Whether the 2nd accused is entitled to bond pending trial for the offence of murder.
- 2 Whether threats made against the applicant's family affect the bond application.
Ratio Decidendi
The court determined that before making a decision on the 2nd accused's bond application, it is necessary to investigate the threats alleged by the applicant's family. The investigating officer is directed to look into the threats and report to the court within two weeks. Additionally, a pre-bond report is to be availed to the court. The matter is set for mention on a specified date to allow the court to consider the findings of the investigation and the pre-bond report before ruling on the bond application.
Court Disposition
Bond application deferred pending investigation and pre-bond report.
Orders
- The investigating officer to investigate the threats reported by Salma Abdulkadir Koka and furnish a report to the court within two weeks.
- A pre-bond report to be availed to the court.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINALCASE NO. 38 OF 2013
REPUBLIC......................................................................................RESPONDENT
VERSUS
1. RASHID BAKARI JUMA...........................................................1ST ACCUSED
2. YUSUF ABDUKARIR SOUD...................................................2ND ACCUSED
RULING
This is an application for bond in respect of the 2nd accused who was arrested on 8/12/2014 for the offence of murder contrary to section 203 as read with section 204 of the Penal Code. It is supported by the affidavit of Salma Abdulkadir Roka.
I have perused a second affidavit of Salma Abdulkadir Koka in which she depones that threats had been made against her family by known persons whom she has reported to police but no action has been taken.
The investigating officer in this case to investigate the said threats and a report to be furnished to this court within two weeks from now. A pre -bond report to be availed to the court.
Mention on 27. 4.2015.
Ruling delivered dated and signed this 13th day of April 2015.
The presence of:
Learned State Prosecutor Mr. Masila
Mr. Gakuhi Learned Counsel for the defence
Court clerk Mr. Musundi
M. MUYA
JUDGE
13. 4.2015