Vincent Lusige v Republic [2021] KEHC 5507 (KLR)
- Court
- High Court of Kenya
- Case number
- 5507
- Citation
- [2021] KEHC 5507 (KLR)
The court found that the denial of bond was prejudicial and punitive and reduced the bond to Kshs. 500,000/= with one surety each and in the alternative cash bail of Kshs. 200,000/= each.
Facts
The applicant, Vincent Lusige, sought a bond with surety and additional cash bail of Kshs. 200,000/=, which was objected to by the prosecution. The court found that the prosecution had not proved the accused were habitual offenders, part of a criminal gang, or had no fixed abode.
Issues
- Whether the prosecution had proved the accused were habitual offenders, part of a criminal gang, or had no fixed abode.
- Whether the denial of bond was prejudicial and punitive.
Reasoning
The court ruled that the prosecution had not proved the accused were habitual offenders, part of a criminal gang, or had no fixed abode. It also found that reliance on medical reports and statements of witnesses who had not testified was not appropriate.
Outcome
Affirmed with modifications
Orders
- Bond of Kshs. 500,000/= with one surety each and in the alternative cash bail of Kshs. 200,000/= each
Remedies
- The appellants are required to ensure that they do not interfere with witnesses and to attend court as and when required during their trial in the lower court.
Authorities cited
Cases cited (2)
- R. v. Dwight Sagray & 4 others [2013} eKLR
- Republic v. Joktan Manyende & 2 others [2012] eKLR
Loading judgment…