[2014] KEHC 1646 (KLR)
The court held that bail is a constitutional right under Article 49(1)(h) of the Constitution and that, in the absence of any compelling reasons presented by the State to justify the continued incarceration of the applicant, the applicant is entitled to be released on bail. The applicant demonstrated strong ties to...
Source-derived case information.
- Citation
- [2014] KEHC 1646 (KLR)
- Parties
- Applicant: Benard Mbuvi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 51 of 2014
- Procedural Posture
- Criminal Case / Bail Application
- Outcome
- Application for bail pending trial allowed.
- Judges
- LN Mutende
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Flight Risk, Constitutional Rights
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benard Mbuvi
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Bail Application
Legal Issues
- 1 Whether the applicant is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there are compelling reasons to deny the applicant bail.
Ratio Decidendi
The court held that bail is a constitutional right under Article 49(1)(h) of the Constitution and that, in the absence of any compelling reasons presented by the State to justify the continued incarceration of the applicant, the applicant is entitled to be released on bail. The applicant demonstrated strong ties to the community, including a permanent residence, family responsibilities, and employment as a police officer, which mitigated concerns about flight risk. The State's lack of objection further supported the grant of bail. Accordingly, the court granted the applicant bond with a surety.
Court Disposition
Application for bail pending trial allowed.
Orders
- The applicant is granted bond of Kshs 1,000,000 with a surety in a similar sum.
Full Case Text
Judgment text and source record
17 paragraphs
No. 413/2014
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CRIMINAL CASE NO. 51 OF 2014
BENARD MBUVI………………………………APPLICANT/ACCUSED
VERSUS
REPUBLIC ……………………….……………………..PROSECUTOR
RULING
1. By way of Notice of Motion dated 16th September, 2014 brought pursuant to the provisions of Article 49(1) (h) of the Constitution, the Applicant/ Accused herein seeks to be released on bail pending trial.
2. The application is based on grounds that he has a permanent place of fixed abode and hence not a flight risk; he will abide with terms to be set by the court and there are no compelling reasons to deter him from being admitted to bail.
3. The application is supported by an affidavit deponed by the applicant who states that he is married with four (4) children. He takes care of his aged parents. He has no previous convictions and he has a permanent place of residence within Kitui County.
4. In a further affidavit he states that he is a Police Officer of a rank of Corporal. The Government is conducting Personnel Audit through Biometric Registration of its employees. If he does not go through the process he stands to loose his job together with his terminal benefits.
5. The State did not object to the accused being released on bail.
6. Bail is a constitutional right unless there is a compelling reason requiring the accused being incarcerated. There being absolutely no reason to deny the accused bail, I grant him bond of Kshs 1,000,000/= with a surety in similar sum.
DATED, SIGNED and DELIVEREDat MACHAKOS this 24THday of OCTOBER, 2014.
L.N. MUTENDE
JUDGE