[2018] KEHC 432 (KLR)
The court found that since the prosecution did not oppose the bail application and there were no compelling reasons presented to deny bail, the accused is entitled to be released on bail. The court exercised its discretion to set bail terms, balancing the accused's right to liberty with the need to ensure attendance...
Source-derived case information.
- Citation
- [2018] KEHC 432 (KLR)
- Parties
- Respondent: Republic; Applicant: Samuel Wanene Kilobi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 66 of 2016
- Procedural Posture
- Criminal Case / Ruling on Bail
- Outcome
- Bail granted with conditions.
- Legal Topics
- Bail Application, Murder Charge, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Samuel Wanene Kilobi
Applicant
Procedural Posture
Criminal Case / Ruling on Bail
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for a charge of murder.
- 2 What conditions should be imposed if bail is granted.
Ratio Decidendi
The court found that since the prosecution did not oppose the bail application and there were no compelling reasons presented to deny bail, the accused is entitled to be released on bail. The court exercised its discretion to set bail terms, balancing the accused's right to liberty with the need to ensure attendance at trial and the protection of witnesses. The court imposed specific conditions to prevent interference with witnesses and warned that breach of these terms would result in cancellation of bail.
Court Disposition
Bail granted with conditions.
Orders
- The accused may be released on a cash bail of KShs.100,000.
- Alternatively, the accused may be released on a bond of KShs.500,000 with one surety of the same amount.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
HIGH COURT
AT NAIROBI
CRIMINAL CASE NO. 66 OF 2016
REPUBLIC........................................................PROSECUTOR
V E R S U S
SAMUEL WANENE KILOBI.................................ACCUSED
RULING ON BAIL
1. The accused person faces a charge of murder contrary to section 203 as read with section 204 of the Penal Code.
2. Having taken into account that bail is not opposed I will grant the accused person application on the following terms:
(a) The Accused may be released on a cash bail of KShs.100,000/=.
(b) In the alternative the accused may be released on a bond of KShs.500,000/= with one surety of same amount.
(c) The accused is warned not to approach, whether directly or through proxy potential witnesses in this case, or to intimidate, threaten or confront any of them in any way.
(d) If any of the above terms are proved to have been breached the accused is warned that he stands to have his bail cancelled.
DATED AT NAIROBI THIS 14th DAY OF DECEMBER, 2018.
LESIIT, J
JUDGEa