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Kenya decisions
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Republic v Hassan [2024] KEHC 15807 (KLR)
The High Court at Voi reviewed an earlier denial of bail and granted the accused bond after the key witness had testified and the probation report was favourable.
Republic v Limo [2024] KEHC 1416 (KLR)
High Court at Kabarnet denied bond to an accused charged with murder, finding family and community hostility created compelling safety reasons to keep him in custody.
Republic v Kipkazi [2023] KEHC 24007 (KLR)
The High Court at Kabarnet granted the accused bond in a murder case, finding no compelling reasons to deny release pending trial.
Republic v Elijah [2023] KEHC 20484 (KLR)
The High Court at Kabarnet granted bond to an accused charged with murder, finding no compelling reasons to deny release after a favorable pre-bail report.
Republic v Wanyama [2022] KEHC 10234 (KLR)
The High Court at Kiambu allowed the accused’s bail application in a murder case, finding no compelling reasons to deny bond pending trial.
Republic v Kiti Shadrack Chano alias Bembula & Emmanuel Chai Shadrack alias Bamdii [2022] KEHC 2909 (KLR)
The High Court at Mombasa deferred bond for two murder accused, citing flight risk for one accused and fear of revenge violence for the other.
Republic v Peter Weru alias Ngotho [2021] KEHC 6014 (KLR)
The court found that the right to bail is constitutionally guaranteed under Article 49(1)(h) of the Constitution of Kenya, subject to the existence of compelling reasons to deny it. The prosecution opposed bail solely on the ground that the applicant's release might re-ignite violence in the neighbourhood. The court ordered a pre-bail report to assess the validity of this concern. The probation officer's report confirmed that tensions had eased and that the applicant was suitable for release on bail. The court held that the prosecution's objection did not amount to a compelling reason suffici…
Source excerpt
Republic v Hamisi Dzila Chirima [2021] KEHC 8786 (KLR)
High Court ruling on a murder charge granting the accused bond of Kshs.500,000 with one surety, after a favourable pre-bail report and no prosecution objection.
Republic v Matano Mashungi Mwango Nyale [2021] KEHC 8554 (KLR)
The High Court at Mombasa denied bail to an accused facing a murder charge, relying on the Probation Officer’s pre-bail report and ordering custody during trial.
Republic v Francis Stephen Musyoka [2021] KEHC 9354 (KLR)
High Court at Mombasa denied bond to an accused in a murder case, citing flight risk from lack of identification documents and proximity to the Tanzanian border.
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