[2014] KEHC 2094 (KLR)
The court found that the applicant, having been verified as lawfully present in Kenya and with the State no longer opposing bail, was entitled to bail. The initial concerns regarding flight risk were addressed by the applicant's documentation and the State's subsequent verification. To mitigate any residual risk and...
Source-derived case information.
- Citation
- [2014] KEHC 2094 (KLR)
- Parties
- Applicant: Shire Ali Adan alias Awale; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 51 of 2014
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- Bail granted with conditions.
- Legal Topics
- Bail Application, Flight Risk, Alien Status, Conditions of Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Shire Ali Adan alias Awale
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the applicant is entitled to bail pending trial.
- 2 Whether the applicant poses a flight risk due to his alien status.
- 3 What conditions, if any, should be imposed to secure the applicant's attendance at trial.
Ratio Decidendi
The court found that the applicant, having been verified as lawfully present in Kenya and with the State no longer opposing bail, was entitled to bail. The initial concerns regarding flight risk were addressed by the applicant's documentation and the State's subsequent verification. To mitigate any residual risk and ensure the applicant's attendance at trial, the court imposed stringent bail conditions, including a substantial cash bail, sureties, surrender of passport, reporting requirements, and restrictions on communication with witnesses. The court thus balanced the applicant's constitutional right to bail with the need to secure the integrity of the trial process.
Court Disposition
Bail granted with conditions.
Orders
- The applicant shall pay cash bail of KES 1,000,000 with two Kenyan sureties of KES 1,000,000 each to be approved by the Deputy Registrar.
- The applicant shall deposit his passport with the court.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 51 OF 2014
SHIRE ALI ADAN alias AWALE…………...…………..APPLICANT
VERSUS
REPUBLIC…………………………….....................RESPONDENT
RULING
The application for bail by the accused was initially opposed by the State on grounds that the accused was a Somali National who was unlawfully residing in Eastleigh and was therefore a flight risk if released. The State further stated in the Replying affidavit of No. 57766 PC Dismus Suriadated 30th July 2014 that the accused committed the offence with his sons who fled and have not been traced to date.
At subsequent proceedings the defence filed a supplementary affidavit to the initial application stating that the applicant was lawfully within Kenya. It displayed the applicant’s driving licence, PIN and ownership of trailer registration Number ZE 3780. Learned prosecution counsel Ms. Mwaniki asked the court for time to verify the applicant’s alien status as well as the documents submitted.
At the mention of the matter on 2nd October 2014, Mr. Okeyofor the State told the court that the prosecution had since verified the applicant’s documents and confirmed that he held a valid passport and was in the country legally. He told the court that the State no longer opposed the application but would desire that the court imposes conditions that would ensure that the applicant does not leave the jurisdiction of the court.
I have considered the application. I note that the State does not wish to oppose the application any more having satisfied itself on the alien status of the accused. I therefore grant the application on condition that the applicant shall:-
Pay cash bail of One Million Shillings (Kshs.1Million) with two Kenyan sureties of KShs.1Million each to be approved by the Deputy Registrar of the court.
Shall deposit his passport with the court.
Not leave the jurisdiction of this court without an order of the court.
Report to the Investigating Officer at Starehe Police Station once every two weeks until further orders of the court.
Not communicate with or in any manner whatsoever interfere with any of the prosecution witnesses.
Attend court (before the Deputy Registrar) for the mention of this case once every month. The first such mention shall be on 11th November, 2014.
Ruling deliveredandsignedat Nairobi this 6thday of October, 2014.
R.LAGAT-KORIR
JUDGE
In the presence of:
…............................................:Court clerk
Shire Ali Adan alias Awale: Accused/Applicant
………………………………:Counsel for the Applicant
................................................ :Counsel for the State