[2009] KEHC 1580 (KLR)
The court found that since the State did not oppose the application for bail and no compelling reasons were presented to warrant denial, the applicant was entitled to bail. The court exercised its discretion to grant bail with conditions, specifically a cash bail of Kshs. 500,000 and a Kenyan surety to be approved...
Source-derived case information.
- Citation
- [2009] KEHC 1580 (KLR)
- Parties
- Applicant: Rezx Uomo Shabmani; Respondent: Republic of Kenya
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 367 of 2009
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail_granted_with_conditions
- Judges
- A. Ong’injo
- Legal Topics
- Bail Application, Obtaining by False Pretences, Pretrial Release Conditions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rezx Uomo Shabmani
Applicant
Republic of Kenya
Respondent
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the applicant should be admitted to bail pending trial.
- 2 Whether any conditions should be attached to the grant of bail.
Ratio Decidendi
The court found that since the State did not oppose the application for bail and no compelling reasons were presented to warrant denial, the applicant was entitled to bail. The court exercised its discretion to grant bail with conditions, specifically a cash bail of Kshs. 500,000 and a Kenyan surety to be approved by the Chief Magistrate. The applicant's foreign nationality was noted but did not, in itself, constitute a sufficient ground to deny bail in the absence of opposition or evidence of flight risk.
Court Disposition
bail_granted_with_conditions
Orders
- The applicant is admitted to cash bail of Kshs. 500,000.
- The applicant shall provide a Kenyan surety to be approved by the Chief Magistrate at the High Court (Central Registry).
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Criminal Case 367 of 2009
REZX UOMO SHABMANI..................................APPLICANT
VERSUS
REPUBLIC OF KENYA.................................RESPONDENT
R U L I N G
From record, the Applicant had earlier been charged for the offence of obtaining money by false pretences contrary to section 313 of the Penal Code, Cap 63, Laws of Kenya. The facts as stated in the information are as follows:
“On diverse dates between September 2008 and November 2008 at Nairobi City within Nairobi province, jointly with others not before court and with intent to defraud obtained from MR. CHANG WOO LEE a sum of US Dollars 43,179 by falsely pretending that you were in a position to sell him 20kgs of Gold, a fact you knew to be false.”
In his application dated 31st August, 2009, the Applicant has applied that the court be pleased to admit him to bail, with or without conditions. In response, the State, through Mr. Okeyo, State Counsel has not opposed the application. The learned counsel conceded that he is aware that the Applicant is a Congolese. In addition, he is also aware of the charges facing the Applicant. Since the State is not opposed to the application, the Applicant may be released on a Cash Bail of Kshs.500,000/- with a Kenyan Surety, to be approved by the Chief Magistrate based at the High Court (Central Registry).
Those are the orders of the Court.
MUGA APONDI
JUDGE
Ruling read signed and delivered in open court in the presence of:
Mr. Nyakundi for Okeyo for State
Mr. Mutai for Applicant
MUGA APONDI
JUDGE
24TH SEPTEMBER 2009