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Dominic Shikora & another v Republic [2013] KEHC 2544 (KLR)

[2013] KEHC 2544 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2544
Citation
[2013] KEHC 2544 (KLR)
Decided
28 August 2013
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminalPostureAppeal from a decision to deny bailCoramR. LAGAT - KORIR
Holding

The court allows the applications for bail on the condition that each accused deposit cash bail of Kshs.1,000,000 or execute a personal bond of Kshs.1,000,000 and provide 2 sureties of Kshs.1,000,000 each, and report to the D.C.I.O. Kabete once every 2 weeks until further orders of this court.

Facts

Dominic Shikora and Justus Khakayi are charged with the murder of Patrobas Hillary Amwoka on 30th June 2012. They were arraigned on 9th August 2012 and pleaded not guilty. They applied for bail on 25th March and 28th March 2013, which was denied by the State.

Issues

  1. Whether there are compelling reasons to deny bail to the accused
  2. Whether the accused will interfere with witnesses if released

Reasoning

The court finds that the State has not demonstrated compelling reasons to deny bail and rejects the mere speculation.

Outcome

The court allows the applications for bail.

Orders

  • Each accused shall deposit cash bail of Kshs.1,000,000 or execute a personal bond of Kshs.1,000,000 and provide 2 sureties of Kshs.1,000,000 each.
  • Each accused shall not interfere with the prosecution witnesses and any reported interference shall lead to the automatic cancellation of the bond.
  • Each accused shall report to the D.C.I.O. Kabete once every 2 weeks until further orders of this court.
  • Each accused shall attend court for the mention of this case once every month. The first such mention shall be on 3rd October, 2013.
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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