[2015] KEHC 4217 (KLR)
The court held that in the absence of a pre-bail assessment report and a response from the state indicating compelling reasons to deny bail, it could not grant the application for bail pending appeal. The court emphasized the need to balance the interests of the accused and the state, and that a pre-bail assessment...
Source-derived case information.
- Citation
- [2015] KEHC 4217 (KLR)
- Parties
- Appellant: Dominic Orendo Tinega; Respondent: State
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 70 of 2014
- Procedural Posture
- Criminal Appeal / Application for Bail Pending Appeal
- Outcome
- application dismissed pending further documents
- Legal Topics
- Bail Pending Appeal, Sexual Offences, Pre Bail Assessment, Compelling Reasons, Right to Bail
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dominic Orendo Tinega
Appellant
State
Respondent
Procedural Posture
Criminal Appeal / Application for Bail Pending Appeal
Legal Issues
- 1 Whether the appellant is entitled to bail pending the hearing and determination of the appeal.
- 2 Whether the absence of a pre-bail assessment report and state response precludes the grant of bail.
Ratio Decidendi
The court held that in the absence of a pre-bail assessment report and a response from the state indicating compelling reasons to deny bail, it could not grant the application for bail pending appeal. The court emphasized the need to balance the interests of the accused and the state, and that a pre-bail assessment report is a necessary prerequisite for a considered ruling. Accordingly, the application was dismissed pending the filing of the required documents, and the Deputy Registrar was directed to ensure the pre-bail assessment report is promptly prepared and filed.
Court Disposition
application dismissed pending further documents
Orders
- Application for bail pending appeal is dismissed for now.
- Deputy Registrar to cause the pre-bail assessment report to be promptly made and filed.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL APPEAL NO. 70 OF 2014
DOMINIC ORENDO TINEGA………………………..…………….APPELLANT
VERSUS
STATE……………………………………………………………….RESPONDENT
RULING
This application is dated 10th December, 2014, together with supporting affidavit of the same date, together with some annextures attached thereto. The essence of the application is for the release of the applicant pending the hearing and determination of the appeal.
The appellant, Dominic Orendo Tinega was charged under Section 15(f)(9) of the Sexual offences act, no.3 of 2006. It is alleged that between 25th and 30th September, 2014 at [Particulars Withheld] sublocation in Masaba South District within Kisii County knowingly leased a house that was used for the purpose of the commissioning of defilement against R N a child aged 17 years by Wilfred Okari Simanyo. The appellant was convicted and accordingly sentenced to 10 years imprisonment, the conviction and the sentence that is he has appealed against. The trial was at Keroka Law courts.
Article 49(1)(h) an arrested person has a right to be released on bond or bail, on reasonable conditions, pending a charge or a trial, unless there are compelling reasons not to be released.
It is incumbent upon the state to respond to this application for bond pending appeal by filing compelling reasons, if any, to deny bond/bail.
The pre-bail assessment report is absent. The court has to balance the issues after listening to both sides, the accused or the state. In the absence of the same the court has no alternative but to dismiss the application pending obtaining the state response and/or the filing of the pre-bail assessment report.
The court, in the meantime, directs the Deputy Registrar to cause the pre-bail assessment report be promptly made and filed accordingly.
The court will make a considered ruling after the two documents are filed.
It is so ordered.
Ruling dated and delivered at KISII this 6th day of January, 2015.
C.B. NAGILLAH,
JUDGE.
In the presence of:-
Ondari holding brief for Sagwe for the applicant
Clare for the respondent
Edwin Mongare Court Clerk.