[2022] KEHC 2124 (KLR)
The court determined that, without delving into the merits of the parties' arguments, the circumstances of the case warranted the preparation of a pre-bail report. The report is intended to assist the court in deciding whether to grant bail and under what conditions, but it does not bind the court's decision. The...
Source-derived case information.
- Citation
- [2022] KEHC 2124 (KLR)
- Parties
- Applicant: Director of Public Prosecutions; Respondent: Tabitha Njeri Maina; Respondent: Praxides Naliaka Musheshi
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E038 of 2021
- Procedural Posture
- Criminal Case / Application for Bail Pending Trial
- Outcome
- Probation officer directed to file pre-bail report before determination of bail application.
- Judges
- GV Odunga
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Pre Bail Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Director of Public Prosecutions
Applicant
Tabitha Njeri Maina
Respondent
Praxides Naliaka Musheshi
Respondent
Procedural Posture
Criminal Case / Application for Bail Pending Trial
Legal Issues
- 1 Whether the prosecution has advanced compelling reasons to deny the accused persons bail pending trial.
- 2 Whether a pre-bail report is necessary to assist the court in determining the bail application.
Ratio Decidendi
The court determined that, without delving into the merits of the parties' arguments, the circumstances of the case warranted the preparation of a pre-bail report. The report is intended to assist the court in deciding whether to grant bail and under what conditions, but it does not bind the court's decision. The court exercised its discretion to direct the probation officer to prepare and file the report before making a final determination on the bail application.
Court Disposition
Probation officer directed to file pre-bail report before determination of bail application.
Orders
- The probation officer is directed to undertake appropriate inquiries from all parties concerned and file a pre-bail report to the court.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KITUI
(Coram: Odunga, J)
CRIMINAL CASE NO. E038 OF 2021
DIRECTOR OF PUBLIC PROSECUTIONS....................................................APPLICANT
VERSUS
TABITHA NJERI MAINA.......................................................................1ST RESPONDENT
PRAXIDES NALIAKA MUSHESHI......................................................2ND RESPONDENT
ORDER
1. I have considered the reasons advanced by the Prosecution and the Victim’s family for opposing the release of the accused person’s on bond pending their trial. According to them they have valid compelling reasons that justify the denial of the accused’s release on bond.
2. The accused persons, on their part contend that the reasons advanced by the prosecution do not amount to compelling reasons to warrant their denial of enjoyment of their constitutional right to bail.
3. Without determining the merits of the respective cases, it is my view that this is a matter that requires a pre-bail report. Whereas, it is not in every case that bail is opposed that such a report is to be availed and each case must be determined on the basis of its own circumstances, occasions do arise when the Court may, on its own motion or upon prodding by either of the party direct that such a report be availed. The purpose of the report is not to dictate to the Court whether or not to release the accused to bond but simply to assist the Court in determining whether or not the accused ought to be so released and if so o what terms. The Court is however not bound by such a report.
4. Accordingly, I hereby direct the probation officer to undertake the appropriate inquiries from all the parties concerned and file a report to this Court.
5. Orders accordingly.
RULING READ, SIGNED AND DELIVERED IN OPEN COURT AT MACHAKOS 24TH DAY OF FEBRUARY, 2022
G V ODUNGA
JUDGE
In the presence of:
Mr Wairegi for the 1st accused.
Ms Wanjiru Njihia for the 2nd accused
Mr Wathome for the family
Mr Ngetich for the State
CA Susan