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REPUBLIC V COLLINS KIPROP TUBEI [2012] KEHC 268 (KLR)

[2012] KEHC 268 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
268
Citation
[2012] KEHC 268 (KLR)
Decided
20 December 2012
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminalPostureApplication for BailCoramR.P.V. WENDOH
Holding

The court grants the application for bail, ordering the accused to be released on a bond of Kshs.500,000/- with two sureties, reporting to the nearest police station every Monday, attending court once a month, and not contacting prosecution witnesses.

Facts

Collins Kiprop Tubei was charged with murder, and through his lawyer, filed a motion for bail. The prosecution opposed the application, citing threats to the deceased's widow and the accused's potential to abscond.

Issues

  1. Whether the accused has compelling reasons to deny bail
  2. Whether the accused will interfere with witnesses and turn up for trial

Reasoning

The court considered the seriousness of the charge, the accused's potential to interfere with witnesses, and the absence of compelling reasons to deny bail. The court also noted the accused's willingness to comply with the conditions.

Outcome

Granted

Orders

  • Release on bond of Kshs.500,000/- with two sureties
  • Reporting to Mogotio police station every Monday
  • Attending court once a month
  • Not contacting prosecution witnesses

Authorities cited

Legislation (1)
  • Article 49(1)(h) of the Constitution
Cases cited (3)
  • Grace Nyambura Kibui, Cr. 80/2010
  • HCC 123/2011, Nicholas Kipsigei Ngetich v Rep
  • HCRA 86/2010, David Njuno Mbiyu v Rep
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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