[2019] KEHC 7385 (KLR)
The court found that there were no compelling reasons presented by the prosecution to deny the accused bond. The prebail reports were positive, and the prosecution did not substantiate its objection with a Replying Affidavit or evidence. Therefore, the accused is entitled to be released on bond as a matter of right...
Source-derived case information.
- Citation
- [2019] KEHC 7385 (KLR)
- Parties
- Respondent: Republic; Defendant: Zakaria Kailikia Ichenga
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 26 of 2019
- Procedural Posture
- Criminal Law / Bond Application Ruling
- Outcome
- bond_granted
- Judges
- A Mabeya
- Legal Topics
- Bail and Bond, Pretrial Release, Compelling Reasons, Prebail Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Zakaria Kailikia Ichenga
Defendant
Procedural Posture
Criminal Law / Bond Application Ruling
Legal Issues
- 1 Whether there are compelling reasons to deny the accused bond.
- 2 Whether the accused should be released on bond pending trial.
Ratio Decidendi
The court found that there were no compelling reasons presented by the prosecution to deny the accused bond. The prebail reports were positive, and the prosecution did not substantiate its objection with a Replying Affidavit or evidence. Therefore, the accused is entitled to be released on bond as a matter of right under the Constitution, subject to reasonable terms set by the court.
Court Disposition
bond_granted
Orders
- The accused may be released on a personal bond of KES 300,000 and a surety of a similar amount.
- Mention set for 09/10/2019.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
HIGH COURT CRIMINAL CASE NO 26 OF 2019
REPUBLIC............................................PROSECUTOR
VERSUS
ZAKARIA KAILIKIA ICHENGA.............ACCUSED
R U L I N G O N B O N D
1. I have considered the application for bond and the objection thereto. I note that the prosecution had indicated that it was to file a Replying Affidavit within 30 days but notice has been filed.
2. I have considered the Prebail reports on record dated 30/05/2019 for both accuseds. They are positive.
3. Accordingly, I note that there is no compelling reason why the accused should not be released on bond. They may be released on a personal bond of kshs. 300,000/= and a surety of a similar amount.
Mention on 09/10/2019.
A. MABEYA
JUDGE
30/05/2019