Republic v Njulu Mwakio Njulu & 4 others [2022] KEHC 1635 (KLR)
- Court
- High Court of Kenya
- Case number
- 1635
- Citation
- [2022] KEHC 1635 (KLR)
- Decided
- 11 March 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminalPostureAppeal from a previous denial of bailCoramNJOKI MWANGI
Holding
The court grants bail to the accused persons pending trial, subject to certain conditions
Facts
The accused persons were arrested in 2018 and charged with a crime. They applied for bail three times, with the last application made after the last civilian witness testified.
Issues
- Whether the accused persons have compelling reasons to deny bail
- What constitutes compelling reasons for denying bail
Reasoning
The court considers the nature and seriousness of the offense, the accused's character and antecedents, and the strength of the evidence. There were no compelling reasons to deny bail.
Outcome
Bail granted
Orders
- Each accused person released on bond in the sum of Kshs 500,000/= with sureties of a similar amount
- Accused persons cautioned against threatening or attacking witnesses
- All accused persons must attend court without fail
Authorities cited
Legislation (2)
- Article 49(1)(h) of the Constitution of Kenya
- Section 123A(1) of the Criminal Procedure Code
Cases cited (2)
- Michael Juma Oyamo & another v Republic [2019] eKLR
- Republic v Joktan Malende and 3 others Criminal Case No 55 of 2009
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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