[2024] KEHC 11503 (KLR)
The court found that the accused's application for bail pending trial did not meet the threshold for urgency and therefore declined to certify it as urgent. The court directed that the application be served upon the Office of the Director of Public Prosecutions (ODPP), a prebail assessment report be filed within ten...
Source-derived case information.
- Citation
- [2024] KEHC 11503 (KLR)
- Parties
- Applicant: State; Respondent: James Waramba Ogoma
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E040 of 2024
- Procedural Posture
- Criminal Case / Directions on Bail Application
- Outcome
- Application for certification as urgent declined; directions issued for service, assessment, and interpartes hearing.
- Judges
- RE Aburili
- Legal Topics
- Bail Pending Trial, Prebail Assessment, Urgency of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
State
Applicant
James Waramba Ogoma
Respondent
Procedural Posture
Criminal Case / Directions on Bail Application
Legal Issues
- 1 Whether the accused's application for bail pending trial should be certified as urgent.
- 2 Whether directions should be issued regarding service and assessment for bail.
Ratio Decidendi
The court found that the accused's application for bail pending trial did not meet the threshold for urgency and therefore declined to certify it as urgent. The court directed that the application be served upon the Office of the Director of Public Prosecutions (ODPP), a prebail assessment report be filed within ten days, and the application be heard interpartes on a specified date. The directions ensure procedural fairness and compliance with statutory requirements for bail consideration.
Court Disposition
Application for certification as urgent declined; directions issued for service, assessment, and interpartes hearing.
Orders
- The application is not certified as urgent.
- The application to be served upon the ODPP, Siaya forthwith.
Full Case Text
Judgment text and source record
19 paragraphs
State v Ogoma (Criminal Case E040 of 2024) [2024] KEHC 11503 (KLR) (30 September 2024) (Directions)
Neutral citation: [2024] KEHC 11503 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Case E040 of 2024
RE Aburili, J
September 30, 2024
Between
State
Prosecution
and
James Waramba Ogoma
Accused
Directions
1. I have perused the application by the accused person herein James Waramba Ogoma, grounds and affidavit in support sworn by Mr. Oduol Aluoch advocate sworn on 30th September 2024.
2. I do not find the application urgent.
3. I decline to certify it as urgent. I however direct as follows:1. That the application be served upon the ODPP, Siaya forthwith.2. That a prebail assessment report be filed by the Probation Officer, Siaya County within ten (10) days of service of this order.3. That the application for bail pending trial be considered on its merit interpartes on 15th October 2024. 4.The Registry to forthwith disseminate these directions for compliance.
4. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 30TH DAY OF SEPTEMBER, 2024. R. E. ABURILIJUDGE