Onesmus Musyoka Muli v Republic [2018] KEHC 6382 (KLR)
- Court
- High Court of Kenya
- Case number
- 6382
- Citation
- [2018] KEHC 6382 (KLR)
- Decided
- 17 May 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminalPostureApplication for BailCoramL. N. MUTENDE
Holding
The application for bail is allowed. The applicant is hereby released on bond of Kshs. 2,000,000/= with a surety on a similar sum.
Facts
Onesmus Musyoka Muli faces a charge of Murder. He applied for bail pending hearing and determination of the case.
Issues
- Whether the applicant has demonstrated that he will attend court and be a member of the community where witnesses come from.
- Whether the applicant is likely to interfere with the prosecution witnesses if released on bail.
Reasoning
The court considered the nature of the offence, the strength of evidence, the gravity of the punishment, the previous criminal record, the probability of the accused not surrendering for trial, and the likelihood of the accused interfering with witnesses. The court found no compelling reasons to deny bail.
Outcome
Bail Granted
Orders
- Release on bond of Kshs. 2,000,000/= with a surety on a similar sum.
Authorities cited
Legislation (1)
- Article 49(1)(h) of the Constitution
Cases cited (5)
- Alhaji Mujahid Dukubo – Asari vs. Federal Republic of Nigeria SC 20A/2006
- Republic vs. Danson Ngunyu & Another HCR.C No. 26 of 2008 - MSA
- Republic vs. Jackton Mayende & 3 Others (2012) eKLR
- Republic vs. Kokonya Mulisin (2013) eKLR
- Daniel Njuguna Mwicigi vs. Republic (2014) eKLR
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.
Loading judgment…