[2021] KEHC 5049 (KLR)
The court found that the fresh prebail report was favourable to the accused persons and that the circumstances had changed since the previous denial of bond. The court was satisfied that the risk of absconding was no longer compelling and therefore granted bond to the accused persons, setting the terms at Kshs....
Source-derived case information.
- Citation
- [2021] KEHC 5049 (KLR)
- Parties
- Applicant: Republic; Defendant: Suleiman Ali Chiphorro Alias Dimau; Defendant: Ali Suleiman Chiphorro
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 1 of 2019
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- Bond granted to both accused persons.
- Legal Topics
- Murder Charge, Bail and Bond, Prebail Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Suleiman Ali Chiphorro Alias Dimau
Defendant
Ali Suleiman Chiphorro
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether the accused persons should be granted bond pending trial for the offence of murder.
- 2 Whether there exists a risk of the accused absconding if released on bond.
Ratio Decidendi
The court found that the fresh prebail report was favourable to the accused persons and that the circumstances had changed since the previous denial of bond. The court was satisfied that the risk of absconding was no longer compelling and therefore granted bond to the accused persons, setting the terms at Kshs. 500,000 with one surety of like sum each.
Court Disposition
Bond granted to both accused persons.
Orders
- Each accused person may be released on bond of Kshs. 500,000 with one surety of like sum.
- Mention set for 29/07/2021 for submissions.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 1 OF 2019
REPUBLIC..................................................................................PROSECUTOR
~VS~
1. SULEIMAN ALI CHIPHORO Alias DIMAU
2. ALI SULEIMAN CHIPHORO...................................................ACCUSEDS
R U L I N G
1. The accused persons are facing trial for a charge of Murder Contrary to Section 203 as read with Section 204 of the Penal Code. The particulars are that the accused persons on the 10th day of January, 2019 at Kikonde village in Kwale County Coast region murdered JOSPHAT KARUGA WAINAINA.
3. The application for bond by the accused persons was dismissed on 28th March 2019 by Hon. Justice Njoki. On 30th September 2020 an application for review of orders denying bond were also declined. The application for bond was disallowed for reasons that there existed the danger that accused persons like 2 of AI’s sons who had escaped they too will take off if released on bond pending trial.
4. The fresh Prebail Report is however in favour of accused persons being released on bond and in the circumstances this court makes an Order that they may be released on bond of Kshs.500,000/= with one surety of like sum each.
5. Orders accordingly.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE BY MS TEAMS, THIS 13TH DAY OF JULY 2021
HON. LADY JUSTICE A. ONG’INJO
JUDGE
In the presence of:-
Ogwel - Court assistant
Ms. Mwangeka for State
Mr. Magolo Advocate for Accused persons
COURT: Mention on 29/07/2021 for submissions.
Hon. Lady Justice A. Ong’injo J
13/7/2021