[2019] KEHC 1632 (KLR)
The court held that bail is a constitutional right and can only be denied if the prosecution demonstrates compelling reasons. In this case, the prosecution's claim regarding the accused's security was not substantiated, as the Probation Officer's report found no critical factors that would justify denial of bail....
Source-derived case information.
- Citation
- [2019] KEHC 1632 (KLR)
- Parties
- Defendant: John Karimi Gachoki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Judgment Date
- 28 November 2019
- Case Number
- Murder Case 11 of 2019
- Procedural Posture
- Criminal Murder / Bail Application
- Outcome
- Bail granted to the accused.
- Judges
- LW Gitari
- Legal Topics
- Bail Application, Compelling Reasons, Constitutional Rights, Probation Report
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Karimi Gachoki
Defendant
Republic
Respondent
Procedural Posture
Criminal Murder / Bail Application
Legal Issues
- 1 Whether the accused is entitled to bail as a constitutional right.
- 2 Whether there are compelling reasons to deny the accused bail.
Ratio Decidendi
The court held that bail is a constitutional right and can only be denied if the prosecution demonstrates compelling reasons. In this case, the prosecution's claim regarding the accused's security was not substantiated, as the Probation Officer's report found no critical factors that would justify denial of bail. Consequently, the court found no compelling reason to deny the accused bail and ordered his release on bond with surety conditions.
Court Disposition
Bail granted to the accused.
Orders
- The accused is released on a bond of Kshs 500,000 plus one surety of Kshs 1,000,000 to appear as and when required until further orders of the court.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERUGOYA
CRIMINAL MURDER NO. 11 OF 2019
JOHN KARIMI GACHOKI ...ACCUSED
VERSUS
REPUBLIC.........................RESPONDENT
RULING
1. I have considered the application for bail. I find that bail is a Constitutional right which cannot be denied an accused unless there are compelling reasons.
2. I find that the prosecution has not proved any compelling reason to warrant the court to deny the accused bond/bail. Though the State had stated that the Security of the accused is at stake, the Probation Officers report has disapproved this. The report states that the social inquiry did not establish any critical factors which may prevent the accused from being granted bail. There is therefore no compelling reason.
3. I will therefore grant the accused bail. I order that the accused be released on a bond of Kshs 500,000/- plus one surety of Kshs 1,000,000/- to appear as and when required until further orders of this court.
Dated at Kerugoya this 28th day of November 2019.
L. W. GITARI
JUDGE