Case ID:165134

Republic v Joseph Kassam Mwaniki [2020] eKLR

Case Metadata

Case Number:

Criminal Case 24 of 2020

Parties:

Republic v Joseph Kassam Mwaniki

Date Delivered:

17 Sep 2020

Case Class:

Criminal

Court:

High Court at Kerugoya

Case Action:

Ruling

Judge(s):

Janet Nzilani Mulwa

Citation:

Republic v Joseph Kassam Mwaniki [2020] eKLR

Court Division:

Criminal

County:

Kirinyaga

Case Outcome:

Bail granted

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KERUGOYA

CRIMINAL CASE NO. 24 OF 2020

REPUBLIC ...........................................................PROSECUTOR

V E R S U S

JOSEPH KASSAM MWANIKI ..................................ACCUSED

RULING ON BAIL APPLICATION.

1. The accused took plea before me on the 16/9/2020. His Advocate Mr. Assime applied for bail orally on his behalf, upon grounds that the accused is not a flight risk, and would not interfere with prosecution witnesses pending hearing of the case. He undertook to comply with reasonable terms that the court may grant.

2. Learned Assistant Director of Public Prosecution for the State had no objection to release of the accused on bail/bond. He confirmed that the Investigating Officer had no compelling reasons to oppose bail.

Article 49(1)(h)

of the Constitution gives an accused person a constitutional right to bail if there are no compelling reasons to deny the same.

3.

I have taken into account that an accused person is presumed innocent until otherwise proved –

Article 50(2)

. I have also considered the nature of the offence. It is serious and circumstances thereto.

4. There being no compelling reasons to deny bail, I admit the accused to bail, upon terms that:

a) The accused shall sign a bond of Kshs 300,000/- and two sureties of similar amount.

b) The accused shall not interfere with prosecution witnesses, and will at all times, when required, attend court.

It is so ordered.

Dated at Kerugoya this 17

th

day of September 2020.

J. N. MULWA

JUDGE