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The High Court granted bail to an accused committed after cancellation of lower-court bail, finding the offence bailable and imposing reporting, surety and travel conditions.
The High Court has jurisdiction to grant bail as the value involved exceeds ten million shillings and DPP consent/certificate is absent; the applicants qualify for bail as the application is uncontested and no compelling reasons exist to deny bail; bail is granted subject to statutory conditions and the principle of sharing among applicants.
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The Court of Appeal struck out this bail appeal as moot after the money laundering count was withdrawn by nolle prosequi during the appeal.
The High Court granted bail to five applicants charged with economic and corruption offences, imposing different bond and surety conditions based on the charges and property value.
Bail is granted as the respondent does not oppose it, but due to the severity of the potential punishment (life imprisonment), strict bail conditions are imposed to mitigate the risk of absconding.
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The applicant is entitled to bail as the offence is bailable, the court has jurisdiction, and no justifiable reason has been presented to deny bail. Statutory and constitutional principles support the grant of bail, and the applicant has satisfied the required conditions.
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High Court ruling on bail pending trial in an economic crimes case. The court upheld the DPP’s certificate under section 36(2) and struck out the application.
High Court granted bail to two applicants in an economic crime case, finding jurisdiction under EOCCA and imposing strict conditions, including a deposit and passport surrender.
The High Court has jurisdiction to grant bail in this economic offence case as the loss alleged exceeds the statutory threshold and committal proceedings have not commenced. The offences are bailable, the respondent does not object, and bail is a right of the accused. However, the first applicant's status as a foreigner requires the imposition of conditions to ensure appearance at trial, including evidence of fixed abode and surrender of travel documents.
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Once a valid certificate by the DPP is filed under Section 36(2) of the Economic and Organized Crimes Control Act, the court is precluded from granting bail, regardless of alleged procedural defects in related affidavits or arguments regarding constitutionality, unless and until the relevant statutory provision is declared unconstitutional by a competent constitutional court.
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