Dominic Inziani v Republic [2021] KEHC 964 (KLR)
- Court
- High Court of Kenya
- Case number
- 964
- Citation
- [2021] KEHC 964 (KLR)
- Decided
- 20 December 2021
The court grants the applicant bond on the following terms: a bond of Kenya Shillings Eight Hundred Thousand (Kshs. 800,000/-) with a surety in a similar sum; he is deterred from communicating directly or indirectly with Susan, the sister to the deceased, until she testifies.
Facts
The applicant Dominic Inziani is accused of a criminal offence. He is a father of two minors and a sole breadwinner. He has a fixed known place of abode in Kawangware, Nairobi. He has no passport and is a pastor at Green Yellow Church. His first wife relocated from Kawangware to an unknown place after his arrest.
Issues
- Whether the applicant has a right to bail
- Whether the applicant is a flight risk
- Whether the applicant has interfered with witnesses
- Whether the applicant's conduct during arrest justifies denying bail
Reasoning
The court finds that the applicant has a right to bail and that there are no compelling reasons to deny him bail. The court also considers the strength of the evidence and the principle of presumption of innocence.
Outcome
Grant of Bond
Orders
- Bond of Kenya Shillings Eight Hundred Thousand (Kshs. 800,000/-) with a surety in a similar sum
- Deterrence from communicating with Susan, the sister to the deceased, until she testifies
Authorities cited
Legislation (1)
- Article 49 (1) (h) of the Constitution of Kenya
Cases cited (2)
- Republic vs. Dwight Sagaray & 4 others (2013) eKLR
- Republic vs. Danson Mgunya & Another [2010] eKLR
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