[2017] KEHC 9545 (KLR)

[2017] KEHC 9545 (KLR)

The court held that while it has unlimited jurisdiction, it is not prudent to consolidate bail or bond terms granted by magistrates' courts in different jurisdictions, especially where other High Courts exist. The offences faced by the applicant in Nairobi are bailable, and the existence of other pending charges in...

Source-derived case information.

Citation
[2017] KEHC 9545 (KLR)
Parties
Applicant: Abraham Kirotich Langat; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
4 October 2017
Case Number
Miscellaneous Criminal Application 90 of 2017
Procedural Posture
Miscellaneous Application / Ruling on Bail Application
Outcome
Application dismissed as premature; applicant advised to apply for bail in respective courts.
Legal Topics
Bail Application, Bond Terms, Compelling Reasons, Jurisdiction of High Court
Source Language
english
Criminal Law Bail Application Bond Terms Compelling Reasons Jurisdiction of High Court

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Parties

Abraham Kirotich Langat

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Bail Application

Legal Issues

  1. 1 Whether the High Court should consolidate bail/bond terms granted by magistrates' courts in different jurisdictions.
  2. 2 Whether the existence of other pending charges in different courts is a valid reason to deny bail to the applicant.
  3. 3 Whether the offences faced by the applicant in Nairobi are bailable.

Ratio Decidendi

The court held that while it has unlimited jurisdiction, it is not prudent to consolidate bail or bond terms granted by magistrates' courts in different jurisdictions, especially where other High Courts exist. The offences faced by the applicant in Nairobi are bailable, and the existence of other pending charges in other courts does not, by itself, constitute a compelling reason to deny bail. The applicant should apply for bail or bond in each respective court, and if granted, pay accordingly. The application before the High Court was deemed premature since bond applications were already pending before the relevant magistrates' courts.

Court Disposition

Application dismissed as premature; applicant advised to apply for bail in respective courts.

Orders

  • The application before the High Court is dismissed as premature.
  • The applicant is advised to apply for bail/bond in the respective magistrates' courts.