[2018] KEHC 7444 (KLR)

[2018] KEHC 7444 (KLR)

The court found that the absence of a pre-bail report was not a sufficient reason to deny the accused persons their constitutional right to bail. There being no compelling reasons advanced by the prosecution to deny bail, the court exercised its discretion to grant each accused person bond of Kshs. 200,000 with a...

Source-derived case information.

Citation
[2018] KEHC 7444 (KLR)
Parties
Applicant: Republic; Defendant: William Kinoti Gideon; Defendant: Stephen Githinji Michubu
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Case Number
Criminal Case 24 of 2017
Procedural Posture
Criminal Case / Ruling on Bail Application
Outcome
Accused persons granted bond.
Judges
A Mabeya
Legal Topics
Bail Application, Pre Bail Report, Bond Terms
Source Language
en
Criminal Law Bail Application Pre Bail Report Bond Terms

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Parties

Republic

Applicant

William Kinoti Gideon

Defendant

Stephen Githinji Michubu

Defendant

Procedural Posture

Criminal Case / Ruling on Bail Application

Legal Issues

  1. 1 Whether the accused persons should be granted bail pending trial.
  2. 2 Whether the absence of a pre-bail report precludes the granting of bail.

Ratio Decidendi

The court found that the absence of a pre-bail report was not a sufficient reason to deny the accused persons their constitutional right to bail. There being no compelling reasons advanced by the prosecution to deny bail, the court exercised its discretion to grant each accused person bond of Kshs. 200,000 with a surety of a similar amount.

Court Disposition

Accused persons granted bond.

Orders

  • Each accused is granted bond of Kshs. 200,000 with a surety of a similar amount.