[2021] KEHC 5448 (KLR)
The court found that the applicant, being elderly and sickly, had applied for bail and the prosecution did not oppose the application, confirming there were no compelling reasons to deny bail. Article 49(1)(h) of the Constitution guarantees the right to bail unless compelling reasons exist. Since none were...
Source-derived case information.
- Citation
- [2021] KEHC 5448 (KLR)
- Parties
- Applicant: James Gichimu Wachira; Respondent: Director of Public Prosecutions (DPP)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E037 of 2020
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Application for bail allowed.
- Judges
- DO Ogembo
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Right to Bond
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Gichimu Wachira
Applicant
Director of Public Prosecutions (DPP)
Respondent
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused is entitled to release on bond pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there exist compelling reasons to deny the accused bail.
Ratio Decidendi
The court found that the applicant, being elderly and sickly, had applied for bail and the prosecution did not oppose the application, confirming there were no compelling reasons to deny bail. Article 49(1)(h) of the Constitution guarantees the right to bail unless compelling reasons exist. Since none were presented, the court allowed the application and set reasonable bail terms.
Court Disposition
Application for bail allowed.
Orders
- The applicant may be released on a bond of Ksh.1,000,000 with one surety of a similar amount.
- In the alternative, the applicant may be released on a cash bail of Ksh.200,000.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL CASE NO. E037 OF 2020
JAMES GICHIMU WACHIRA ....................................................................ACCUSED
VERSUS
DPP ................................................................................................................REPUBLIC
RULING
The accused herein JAMES GICHIMI WACHIRA, has applied to be released on bond pending the hearing and determination. The application is dated 24. 2.2021. In the affidavit in support of the application the applicant has deponed that he is elderly at 70 years, and sickly. He has also undertaken to abide by any conditions the court may impose on the grant of bail.
The prosecution side has not opposed the release of the accused on bond.
Under Article 49(1)(h) an accused (and an arrested) person has a right to be released on bond on reasonable terms unless there exists compelling reasons that mitigate against the same. In our case, the state/Respondent has confirmed that there are no compelling reasons. In the circumstances I allow the application dated 24. 2.2021 and order that the applicant may be released on bond on the following terms.
i) A bond of Ksh.1 million with 1 surety of a similar amount.
ii) In the alternative, a cash bail of Kshs.200,000/=
iii) He is ordered never to interfere with or contact any prosecution witness directly or indirectly till this case is determined.
iv) He is ordered to attend court at all times as may be ordered by the court from time to time till this case is determined.
Orders accordingly.
D. O. OGEMBO
JUDGE
30. 6.2021.
Court:
Ruling read in court (on-line) in presence of the accused (Nairobi Remand), Mr. Kariu for accused and Ms. Kimani for the state.
D. O. OGEMBO
JUDGE
30. 6.2021.
Court:
A hearing date to be given in this matter. Parties are all present. Hearing 21. 9.2021.
D. O. OGEMBO
JUDGE
30. 6.2021.