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Kenya decisions
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Republic v Wanjohi [2025] KEHC 10351 (KLR)
The High Court at Nakuru denied bond to an accused charged with murder, finding a risk of witness interference because key witnesses were close family members.
Republic v Kariuki & 2 others [2025] KEHC 10691 (KLR)
The High Court at Thika granted bail to three accused persons charged with murder, finding the prosecution had not shown compelling reasons to deny release.
Republic v Koyo [2025] KEHC 10225 (KLR)
The court found that the accused had been in custody for over a year and was unable to raise the surety required under the original bond terms. After considering the pre-bail report, the Bail–Bond Regulations, and the interests of justice, the court determined that it was appropriate to vary the bond terms to make them more attainable for the accused while still ensuring his attendance at trial. The bond was therefore reduced from Kshs.700,000/- to Kshs.400,000/- with a surety of a similar amount.
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Republic v Poltcarp & 5 others [2025] KEHC 10657 (KLR)
The court declined to review the bond terms for the 5th accused, finding that her inconsistent and inaccurate information regarding her nationality and identity, coupled with the lack of Kenyan identification documents and the holding of a Ugandan passport, created a significant flight risk. The court found the existing bond terms reasonable in light of these circumstances and the seriousness of the offence. The court also directed that the welfare of the 5th accused's children be addressed by the Deputy Registrar and relevant children officers, in accordance with statutory obligations. For t…
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Republic v Keter [2025] KEHC 9922 (KLR)
The High Court at Eldoret denied bail at this stage in a murder case, finding compelling reasons based on witness interference risk and family tensions.
Republic v Meyo [2025] KEHC 9916 (KLR)
The High Court at Kisumu granted the accused bond of Kshs. 400,000 with a surety of a similar amount after noting no objection from the State and a positive pre-bail report.
Prosecution v Kamotho [2025] KEHC 9923 (KLR)
The court found that although the two key witnesses whose protection formed the basis of the initial denial of bail had testified, the accused continued to exhibit conduct amounting to intimidation of witnesses, including a police officer in open court. The court held that such conduct demonstrated an ongoing risk of interference with remaining witnesses, which is a compelling reason to deny bail. Additionally, the prosecution presented new evidence that the accused had obtained and used a second passport to travel abroad while her original passport was in police custody, raising credible con…
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Rotich v Rotich [2025] KEHC 9696 (KLR)
The court found that the prosecution had demonstrated compelling reasons to deny bail, specifically that the applicant was a flight risk, as evidenced by her arrest outside the court's jurisdiction and the fact that she allegedly ran away after the offence. The court also considered the hostility of the community, the burning of the applicant's house, and the lack of a fixed abode, which heightened concerns for her safety and the risk of absconding. The pre-bail report, while not binding, was persuasive in highlighting the emotional state of the victim's family and the community, as well as t…
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Republic v Wekesa [2025] KEHC 10470 (KLR)
High Court at Bungoma declined bond for an accused charged with murder, citing alleged witness interference and the interests of justice despite a favorable pre-bail report.
Republic v Macharia & another [2025] KEMC 148 (KLR)
The magistrate granted the accused persons bail in a criminal case, finding no compelling reasons to deny release despite concerns about witness interference.
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