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Republic v Musa Kipyego Too & another [2015] KEHC 6521 (KLR)

[2015] KEHC 6521 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
6521
Citation
[2015] KEHC 6521 (KLR)
Decided
12 February 2015
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminalPostureApplication for bail pending trialCoramC. W. GITHUA
Holding

The court denies the accused persons' right to bail pending trial due to the state's apprehension of potential interference with witnesses.

Facts

Two accused persons, Musa Kipyego Too and Simon Kiptanui Too, are charged with the offence of murder. The state opposed their application for bail due to concerns about potential interference with witnesses.

Issues

  1. Right to bail pending trial
  2. Compelling reasons for denial of bail

Reasoning

The court finds that the accused persons' right to bail is not absolute and may be denied where compelling reasons exist. The state's apprehension of potential interference with witnesses is considered a compelling reason.

Outcome

The court denies the application for bail pending trial.

Orders

  • Denial of bail pending trial
  • Accused persons may renew their bond application after the minor and the accused person's relative have testified

Authorities cited

Legislation (1)
  • Penal Code
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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