Kenya Case Law

Republic v Mwarani

Republic v Mwarani [2024] KEHC 12554 (KLR)

Court

High Court

Case number

Criminal Case E003 of 2024

Judge

AK Ndung'u

The court found that the prosecution had demonstrated compelling reasons to deny the accused bail. The court considered the toxic environment in the accused's home area, where the community harbored a serious grudge and the risk of reprisal attacks was real. The accused's history of frequent travels and lack of a fixed abode raised concerns about his likelihood to attend trial. Additionally, the victims' report indicated a likelihood of interference with witnesses. Weighing these factors cumulatively, the court held that the right to bail, though constitutional, is not absolute and may be res…

Source excerpt

• Bail And Bond
• Compelling Reasons
• Witness Interference
• Risk Of Absconding

Kamau v Republic

Kamau v Republic [2024] KEHC 9264 (KLR)

Court

High Court

Case number

Criminal Case E030 of 2023

Judge

CW Githua

The court found that the prosecution failed to provide any concrete evidence that the applicant was likely to abscond or interfere with witnesses if released on bail. The seriousness of the charge alone is not a sufficient ground to deny bail. However, the pre-bail report, which was unchallenged by the defence, indicated that the applicant's immediate family and community were vehemently opposed to his release, describing him as violent and expressing fear for their safety. The court considered that releasing the applicant to his home would likely escalate hostility and potentially breach the…

Source excerpt

• Bail Pending Trial
• Compelling Reasons
• Murder Charge
• Pre Bail Report
• Witness Interference
• Risk Of Absconding

Matsaki & 2 others v Republic

Matsaki & 2 others v Republic [2024] KEHC 8290 (KLR)

Court

High Court

Case number

Criminal Appeal E111 of 2023

Judge

M Thande

The court held that the appellants failed to demonstrate any exceptional or unusual circumstances to justify the grant of bail pending appeal. The appellants did not provide evidence or arguments to show that their appeal had high chances of success, nor did they address or rebut the respondent's contention regarding the risk of absconding. The court emphasized that, post-conviction, the presumption of innocence no longer applies, and the risk of absconding is heightened, especially given the lengthy sentence imposed. The court found no basis in law or fact to grant the application for bail o…

Source excerpt

• Bail Pending Appeal
• Robbery With Violence
• Presumption Of Innocence
• Exceptional Circumstances
• Risk Of Absconding

Karani v Republic

Karani v Republic [2023] KEHC 25760 (KLR)

Court

High Court

Case number

Criminal Appeal E046 of 2023

Judge

M Thande

The court found that the applicant failed to demonstrate any exceptional or unusual circumstances to justify the grant of bail pending appeal. The claims regarding the applicant's minor children and wife were unsupported by evidence, rendering them unpersuasive. The applicant merely stated that he was convicted on circumstantial evidence but did not provide material to show that the appeal had high chances of success. The court emphasized that after conviction, the presumption of innocence no longer applies, and the risk of absconding is real. The applicant did not address or rebut the respon…

Source excerpt

• Bail Pending Appeal
• Exceptional Circumstances
• Presumption Of Innocence
• Prospects Of Success
• Risk Of Absconding

Wechuli v Republic

Wechuli v Republic [2023] KEHC 20360 (KLR)

Court

High Court

Case number

Criminal Appeal E016 of 2023

Judge

SC Chirchir

High Court at Kakamega dismissed an application for bail pending appeal, finding no exceptional circumstances and no strong basis that the appeal would succeed.

• Bail Pending Appeal
• Exceptional Circumstances
• Presumption Of Innocence
• Medical Grounds In Bail
• Risk Of Absconding
• Bail-pending-appeal

Republic v Wako (alias Guyo Mohamud Wako)

Republic v Wako (alias Guyo Mohamud Wako) [2022] KEHC 13212 (KLR)

Court

High Court

Case number

Criminal Case 92 of 2018

Judge

EM Muriithi

The High Court at Meru declined to review an earlier bail refusal, finding no changed circumstances and continued risks of witness interference and absconding.

• Bail Review
• Witness Interference
• Risk Of Absconding
• Changed Circumstances
• Bail-review
• Witness-interference

Kirimi v Republic

Kirimi v Republic [2022] KEHC 13300 (KLR)

Court

High Court

Case number

Criminal Appeal 103 of 2022

Judge

EM Muriithi

The High Court at Meru declined bail pending appeal after finding no exceptional circumstances, no overwhelming chance of success, and no basis to release the appellant.

• Bail Pending Appeal
• Exceptional Circumstances
• Defilement Offence
• Sentence Length
• Risk Of Absconding
• Bail-pending-appeal

Republic v Kelvin Naftali Oganga alias Johnstone Kilonzo alias Morgan (Dog Master) & Mercy Mwikali

Republic v Kelvin Naftali Oganga alias Johnstone Kilonzo alias Morgan (Dog Master) & Mercy Mwikali [2022] KEHC 872 (KLR)

Court

High Court

Case number

Criminal Case E036 of 2021

The court found that the 1st accused's real identity had not been established, as he lacked identification documents and the prosecution was awaiting a report from the National Registration Bureau. The accused was arrested far from the scene of the alleged offence, with no clear explanation for his relocation from Likoni to Nairobi, despite his family ties in Likoni. The court considered the unexplained gap in the accused's movements and the lack of clarity about his identity as raising a significant risk of absconding. These factors, combined with the seriousness of the charge and the prosec…

Source excerpt

• Murder Charge
• Bail And Bond
• Compelling Reasons
• Risk Of Absconding

Nasanga Ibrahim & Mohamed Ahmed Bishar v Director of Public Prosecutions

Nasanga Ibrahim & Mohamed Ahmed Bishar v Director of Public Prosecutions [2020] KEHC 1409 (KLR)

Court

High Court

Case number

Criminal Revision E038 of 2020

The High Court dismissed a revision application for bail pending trial, citing compelling reasons including national security concerns, explosives charges, and risk of absconding.

• Bail Pending Trial
• Compelling Reasons
• Explosives Offences
• National Security
• Risk Of Absconding
• Bail-pending-trial

Vincent IjenjI v Republic

Vincent IjenjI v Republic [2020] KEHC 2754 (KLR)

Court

High Court

Case number

Criminal Appeal 209 of 2019

Judge

DO Ohungo

The court declined to grant bail pending appeal, finding that the applicant had only served two months of a fifteen-year sentence and that the risk of absconding was high, particularly since the applicant had admitted paternity of the child, which was tantamount to an admission of guilt. The court was not persuaded that the appeal had such high chances of success or that there were exceptional circumstances to warrant release on bail. The court further noted that the appeal could be expedited and heard within a reasonable time, thus mitigating the applicant's concern about delay.

Source excerpt

• Bail Pending Appeal
• Defilement Offence
• Sentencing
• Risk Of Absconding