Jonathan Mwaniki v. R., Misc. Crim. Cause: 3-D-70; 25/2/70.

Jonathan Mwaniki v. R., Misc. Crim. Cause: 3-D-70; 25/2/70.

This is an application for bail pending trial on a charge of personation c/s 371, Penal Code. It was alleged accused was impersonating another person to whom universities had conferred academic degrees. Accuse was alleged to have applied to the National Development Corporation. Learned State Attorney was opposed to ail on the ground accused could again commit similar offences if released on bail.

            Held: (1) “I am of opinion accused should not be released on bail, as the likelihood he may commit a similar offence while on bail is high ….. in my view, the likelihood an accused may commit a similar offence to the one with which he is charged while on bail is a matter the Court has to consider on an application for bail.  In this instance, as accused firmly states he is the man to whom the certificates were issued, it is quite likely he will say the same to others if he is allowed out on bail, and possibly commit the same offence with which he is at present charged.” (2) Application rejected.