[2020] KEHC 8841 (KLR)
The court granted bond to Accused 1 based on a positive Prebail report, finding no compelling reasons to deny her bond. For Accused 2, the court found the Prebail report negative, citing concerns for her security and the likelihood of interference with witnesses, which constituted compelling reasons to deny bail at...
Source-derived case information.
- Citation
- [2020] KEHC 8841 (KLR)
- Parties
- Applicant: Republic; Defendant: Rosaliah Nanto; Defendant: Jane Mwendwa
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 85 of 2019
- Procedural Posture
- Criminal Case / Ruling on Bond
- Outcome
- Bond granted to Accused 1; bail denied to Accused 2 with liberty to reapply after six months.
- Judges
- A Mabeya
- Legal Topics
- Bail Application, Prebail Reports, Bond Conditions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Rosaliah Nanto
Defendant
Jane Mwendwa
Defendant
Procedural Posture
Criminal Case / Ruling on Bond
Legal Issues
- 1 Whether the accused persons should be granted bail or bond pending trial.
- 2 Whether the Prebail reports support the release of the accused on bond.
Ratio Decidendi
The court granted bond to Accused 1 based on a positive Prebail report, finding no compelling reasons to deny her bond. For Accused 2, the court found the Prebail report negative, citing concerns for her security and the likelihood of interference with witnesses, which constituted compelling reasons to deny bail at this stage. The court allowed Accused 2 to reapply for bail after six months to reassess the situation.
Court Disposition
Bond granted to Accused 1; bail denied to Accused 2 with liberty to reapply after six months.
Orders
- Accused 1 granted bond of Kshs. 200,000 with a surety of a similar amount.
- Accused 2 denied bail; may apply afresh after six months.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO. 85 OF 2019
REPUBLIC....................................................................DPP
VERSUS
ROSALIAH NANTO.................................1ST ACCUSED
JANE MWENDWA....................................2ND ACCUSED
RULING ON BOND
1. I have considered the Prebail reports dated 21/01/2020 in respect of both accused.
1) The Prebail report in respect of Accused 1 is positive. I accordingly grant her bond of Kshs. 200,000 with a surety of a similar amount.
2) However, the report in respect of Accused 2 is negative for reason of her security and likelihood of interfering with the witnesses, I decline to grant her bail. She may apply a fresh after six months to see if the situation has changed.
3) Mention on 21/4/2020
A.M MABEYA
JUDGE
22/01/2020