REPUBLIC v DORINE AOKO MBOGO & another [2010] KEHC 75 (KLR)
- Court
- High Court of Kenya
- Case number
- 75
- Citation
- [2010] KEHC 75 (KLR)
- Decided
- 30 September 2010
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminalPostureApplication for Bail Pending TrialCoramM. J. ANYARA EMUKULE
Holding
The application for bail is allowed on reasonable terms.
Facts
The applicant, Brenda Atieno Mbogo, is charged with murder and is currently remanded in a Juvenile Remand Home. She is several months pregnant and has pleaded not guilty.
Issues
- Whether bail is available for capital offences under the new Constitution and Criminal Procedure Code.
- Whether the question of bail raises a substantial question of law to be certified for determination by an uneven number of judges.
Reasoning
The court considered the provisions of the new Constitution and the Criminal Procedure Code, concluding that bail is available for capital offences and that the question of bail raises a substantial question of law.
Outcome
Bail granted pending the hearing and determination of the applicant's trial.
Orders
- Execution of a bond of Kshs.100,000/- to attend court on 10th November 2010 and on every other day when required.
- Reporting to the Assistant Chief of Ebagudi every Thursday of the week.
- Reporting to the nearest Police Station every two weeks.
- Cancellation of the bond and issuance of warrants of arrest in the event of failure to comply with the terms.
Authorities cited
Legislation (4)
- Section 72(5) of the repealed Constitution
- Section 123 of the Criminal Procedure Code
- Section 187(1) of the Children Act 2001
- Section 49(1) of the new Constitution
Cases cited (2)
- OI vs REPUBLIC [2006] eKLR
- REPUBLIC vs LKM (a minor) [2004] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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