[2018] KEHC 3776 (KLR)
The court held that bail pending trial is a constitutional right under Article 49(1)(h) of the Constitution. Since the State did not present any compelling reasons to deny bail, and the applicant demonstrated willingness to comply with bail terms and had a fixed abode, the court found no justification for continued...
Source-derived case information.
- Citation
- [2018] KEHC 3776 (KLR)
- Parties
- Applicant: Emmanuel Kelly Patrick; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 11 of 2018
- Procedural Posture
- Criminal Case / Bail Application Pending Trial
- Outcome
- Bail granted to the applicant pending trial.
- Judges
- LN Mutende
- Legal Topics
- Bail Pending Trial, Constitutional Rights of Accused, Compelling Reasons for Bail, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Emmanuel Kelly Patrick
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Bail Application Pending Trial
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 pending trial is a constitutional right under Article 49(1)(h) of the Constitution. Since the State did not present any compelling reasons to deny bail, and the applicant demonstrated willingness to comply with bail terms and had a fixed abode, the court found no justification for continued incarceration. Accordingly, the applicant was granted bail on reasonable terms.
Court Disposition
Bail granted to the applicant pending trial.
Orders
- The applicant is granted bail of Kshs. 2,000,000 with a surety of a similar sum.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITUI
CRIMINAL CASE NO. 11 OF 2018
EMMANUEL KELLY PATRICK..........ACCUSED/APPLICANT
VERSUS
REPUBLIC................................................................RESPONDENT
R U L I N G
1. By an application dated the 24thday of September, 2018,the Applicant, Emmanuel Kelly Patrickseeks to be released mon bail pending trial on the grounds that he is a student with a fixed abode which he will not leave. That he is ready to be reporting to the Investigation Officer should bail terms require so and to abide with other bail terms to be set.
2. That he is running his own business after dropping out of college due to financial constrains therefore he risks losing focus on the business that he was building.
3. In response the State through State Counsel Mr. Mambastated that there were no compelling reasons that would require the Accused/Applicant to be denied bail.
4. Principles upon which an Accused is released on bond pending trial are stipulated in Article 49(1)(h)of the Constitutionthat provides thus:
“(1) An arrested person has the right—
(h) to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.”
5. Bail pending trial is a constitutional right and since there are no compelling reasons why the Accused/Applicant should be incarcerated, he is hereby granted bail of Two (2) Million Shillings (Kshs. 2,000,000/=)with a surety of similar sum.
6. It is so ordered.
Dated, Signed and Delivered at Kitui this 27th day of September, 2018.
L. N. MUTENDE
JUDGE