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Kenya decisions
Decisions matching the current search
Haji v Republic [2024] KEHC 8524 (KLR)
The High Court upheld denial of bail, finding the applicant a flight risk because he was a foreign national without a permanent fixed abode in Kenya.
Mwezigi v Republic [2022] KEHC 11542 (KLR)
The High Court declined revision of a stealing sentence, ordered custody to continue, and directed that pre-sentence custody time be counted under section 333(2).
Republic v Benjamin Okwarigna Akol [2021] KEHC 5628 (KLR)
The court held that the mere fact of the accused being a foreign national does not, in itself, constitute a compelling reason to deny bail. The prosecution failed to provide evidence that the accused is likely to abscond or that there are other compelling reasons to justify denial of bail. The court emphasized that the constitutional right to bail applies equally to non-citizens, and the only basis for denial must be the existence of compelling reasons, which were not demonstrated in this case. Accordingly, the accused was granted bail on specified terms to ensure his attendance at trial.
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Birende Mgawa Herman v Republic [2020] KEHC 1398 (KLR)
The High Court dismissed a criminal revision seeking review of bond terms, holding that the KShs. 50,000 bond with a Kenyan surety and no cash bail was reasonable.
Jackline Ahimidiwe Swai v Republic [2019] KEHC 11266 (KLR)
The court held that the primary consideration in bail applications is the likelihood of the accused attending trial. While being a foreigner is not an automatic bar to bail, the applicant had no fixed abode, property, or substantial familial ties in Kenya, and was arrested while in transit to Italy. The seriousness of the charge and the potential for a lengthy custodial sentence increased the risk of absconding. The court found the applicant's connection to Kenya too tenuous to mitigate this risk and agreed with the trial court that compelling reasons existed to deny bail. The application for…
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Kika Kelly Serge & Fonki Gregory Aboeh v Republic [2015] KEHC 804 (KLR)
The High Court dismissed a review of bond terms, holding that the foreign applicants had not proved loss of passports and remained a flight risk.
Republic v Makoy Madhak Deer [2015] KEHC 7145 (KLR)
The High Court revised a magistrate’s bail order, finding compelling reasons to deny bail to a foreign respondent facing a serious sexual offence charge.
Chan Chi Wei & 36 others v Directorate of Criminal Investigations & Director of Public Prosecutions [2014] KEHC 8543 (KLR)
The High Court dismissed a bail application as prematurely filed, holding that the trial court should first consider bail on its merits before appellate intervention.
Ngo Hong Quan, Hoang Cong Thanh & Nguyen Van Hai v Republic [2014] KEHC 8476 (KLR)
High Court dismissed consolidated applications for bail pending appeal after guilty pleas for possession of game trophies, citing flight risk and weak appeal prospects.
JANE NYANDUTU vs REPUBLIC [2003] KEHC 160 (KLR)
The High Court allowed a criminal sentence appeal by a Ugandan appellant, set aside the sentence, substituted time served, ordered release, and directed repatriation.
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