SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

ALI MCHENI ALI v REPUBLIC [2011] KEHC 3951 (KLR)

[2011] KEHC 3951 (KLR) High Court of Kenya
Read PDF
Court
High Court of Kenya
Case number
3951
Citation
[2011] KEHC 3951 (KLR)
Decided
28 January 2011
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Criminal ApplicationPostureApplication for Bond by Accused PersonCoramIbrahim, J.
Holding

The Court grants bail to the applicant in the sum of Kenya Shillings Two Hundred Thousand, and a personal bond of Kenya Shillings Five Hundred Thousand with two sureties.

Facts

The applicant was charged with disguising proceeds of drug trafficking. The prosecution sought to remand the applicant in custody for seven days to facilitate investigations. The applicant sought release on bond or bail.

Issues

  1. Whether the applicant is entitled to bail or bond
  2. Whether the prosecution has compelling reasons to keep the applicant in custody

Reasoning

The Court found no compelling reasons to deny bail, and granted bail based on Article 49 (1) (h) of the Constitution of Kenya, 2010.

Outcome

The application is allowed.

Orders

  • Grant bail in the sum of Kenya Shillings Two Hundred Thousand
  • Grant a personal bond of Kenya Shillings Five Hundred Thousand with two sureties
  • Prohibit any dealings with the properties specified in the six counts of the charge
  • Require the applicant to deposit his passport with the Deputy Registrar
  • Trial shall proceed on the basis of priority

Remedies

  • Release on bail
  • Release on personal bond

Authorities cited

Legislation (2)
  • Narcotic Drugs and Psychotropic Substances (Control) Act, 1994 (Act No. 4 of 1994)
  • Constitution of Kenya, 2010
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.
Full judgment 0.2 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case