ALVIN KAMANDE NJENGA V REPUBLIC [2012] KEHC 5917 (KLR)

Facts

Applicant sought bail and stay of proceedings in Limuru Cr. Case 1132 of 2010. The High Court lifted the warrant of arrest for 30 days and allowed the applicant to present himself before the court in Limuru.

Issues

1. applicant's right to bail
2. propriety of the trial court's order denying bail

Reasoning

The court agrees with the state counsel that the applicant has a constitutional right to bail, but there is insufficient material to determine whether the trial court curtailed the applicant's right to bail. The application for stay of proceedings is spent as the applicant successfully urged for the vacating of the warrant of arrest.

Outcome

The court declines to grant the prayer for reinstatement of bail and finds the application for stay of proceedings in Limuru Cr. Case No. 1132 of 2010 spent.

Authorities cited