[2014] KEHC 503 (KLR)
The court found that the applicant had provided sufficient evidence of his permanent residence and family ties in Kitale, and was not persuaded that he would abscond trial if released on bail. The court held that the right to bail is constitutionally guaranteed unless compelling reasons are shown, and the mere fact...
Source-derived case information.
- Citation
- [2014] KEHC 503 (KLR)
- Parties
- Applicant: Elikanah Kagunda Njoroge; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 73 of 2012
- Procedural Posture
- Criminal Case / Ruling on Application for Review of Bail Decision
- Outcome
- application for review of bail granted; applicant released on bail with conditions
- Judges
- CC Kipkorir
- Legal Topics
- Bail Review, Right to Bail, Compelling Reasons, Flight Risk
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elikanah Kagunda Njoroge
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Ruling on Application for Review of Bail Decision
Legal Issues
- 1 Whether the applicant has demonstrated changed circumstances to warrant review of the earlier denial of bail.
- 2 Whether the applicant is likely to abscond trial if released on bail.
Ratio Decidendi
The court found that the applicant had provided sufficient evidence of his permanent residence and family ties in Kitale, and was not persuaded that he would abscond trial if released on bail. The court held that the right to bail is constitutionally guaranteed unless compelling reasons are shown, and the mere fact of the applicant's movement to Kitale did not, in the circumstances, amount to a compelling reason to deny bail. The court therefore exercised its discretion to grant bail with strict conditions to ensure the applicant's attendance at trial.
Court Disposition
application for review of bail granted; applicant released on bail with conditions
Orders
- The applicant shall pay cash bail of Kshs. 1,000,000 and provide two sureties of similar amount.
- The applicant shall not leave the jurisdiction of the court without leave of the court.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 73 OF 2012
ELIKANAH KAGUNDA NJOROGE.......................APPLICANT
VERSUS
REPUBLIC.........................................................RESPONDENT
RULING
The application before me seeks a review of my ruling dated 16th May 2013. In that ruling I denied the applicant bail for the reason that he was likely to take flight and abscond trial. In the present application, the accused contests that he did not flee from the scene of crime to Kitale to evade arrest but that he went to his home which is in Kitale.
In this review application, the applicant has sworn a lengthy supporting affidavit attaching various official documents (namely his Birth Certificate, National Identity Card, School Leaving Certificate, Parents’ National Identity Cards, and the Land Title Deed for their residential property in Kitale) to demonstrate that he was born, bred, schooled and lived in Kitale with his parents.
At the hearing of the application on 13th May 2014, Mr. Nyangayo for the applicant elaborated on the averments in the supporting affidavit and urged the court to find that the applicant was a resident of Kitale and that if released, he would continue to reside with his parents there and attend court whenever required. On the other hand, Ms. Matiru for the respondent submitted that there were no changed circumstances to warrant the court to review its earlier ruling. She submitted that the applicant committed the offence in Limuru and fled to Kitale which is outside the jurisdiction of the court.
I have carefully considered the application. Article 49 (i) (h) of the Constitution grants an accused the right to bail unless there are compelling reasons. The likelihood of absconding trial, if demonstrated to the satisfaction of the court, is a compelling reason. In the present application, I am not persuaded that the applicant will abscond trial if released. I therefore release him on bail on condition that he shall:-
Pay cash bail of One million shillings (Kshs.1,000,000. /-) and two sureties of similar amount.
Not leave the juridsiction of the court without leave of the court.
Report to D.C.I.O. Kitale Police Station once every month.
Attend court before the Deputy Registrar for the mention of his case once every month. The first of such mentions shall be on 30th June, 2014.
Ruling delivered, dated and signed at Nairobi this 3rd day of June, 2014
R. LAGAT - KORIR
JUDGE
In the presence of:
…………………………….: Court clerk
…………………………….: Applicant
…………………………….: For the applicant
…………………………….: For the State/respondent