Bernard Odiwour Ogollah v Republic [2021] KEHC 6202 (KLR)
- Court
- High Court of Kenya
- Case number
- 6202
- Citation
- [2021] KEHC 6202 (KLR)
- Decided
- 16 June 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminalPostureApplication for BailCoramD. O. OGEMBO
Holding
The court dismisses the prosecution's objections and orders the applicant to be released on bail with certain conditions.
Facts
The applicant, Bernard Odiwour Ogollah, faces a charge of murder under section 203 of the Penal Code. He has pleaded for bail pending the hearing of his case.
Issues
- Whether the applicant has compelling reasons to deny bail
- Whether the prosecution has proven compelling reasons to deny bail
Reasoning
The court considers the right to bail under Article 49(1)(h) of the Kenyan Constitution, noting that bail is available to all accused persons irrespective of the charges, but can be denied if compelling reasons exist. The court finds no compelling reasons to deny bail.
Outcome
The applicant is ordered to be released on bail with conditions.
Orders
- Released on a bond of Ksh. 1 million with surety of a similar amount
- Released upon deposit of Kshs. 200,000 in cash bail
- Ordered never to interfere with or contact prosecution witnesses until the case is determined
- Ordered to attend court as directed by the court
Authorities cited
Legislation (2)
- Penal Code
- Constitution of Kenya
Cases cited (2)
- Republic Versus Mgunya and Another (2011) 2EA36
- Republic Versus David Muchiri Mwangi (2018)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.
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