[2019] KEHC 8428 (KLR)

[2019] KEHC 8428 (KLR)

The court held that the right to bail is constitutional and can only be denied if the prosecution proves compelling reasons. In this case, the only reason advanced was an unsubstantiated allegation by the complainant that the accused threatened her. There was no evidence that the alleged threat was reported to the...

Source-derived case information.

Citation
[2019] KEHC 8428 (KLR)
Parties
Applicant: John Koome; Respondent: Republic
Court
High Court
Court Station
High Court at Kerugoya
Jurisdiction
Kenya
Judgment Date
7 March 2019
Case Number
Miscellaneous Criminal Application 1 of 2019
Procedural Posture
Miscellaneous Criminal Application / Ruling on Bail Pending Trial
Outcome
application for bail pending trial allowed
Judges
LW Gitari
Legal Topics
Bail Pending Trial, Compelling Reasons, Presumption of Innocence, Burden of Proof
Source Language
english
Criminal Law Civil Procedure Bail Pending Trial Compelling Reasons Presumption of Innocence Burden of Proof

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Summary, issues, holding and outcome

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Parties

John Koome

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Bail Pending Trial

Legal Issues

  1. 1 Whether the applicant should be released on bail pending trial.
  2. 2 Whether there are compelling reasons to deny the applicant bail as required by Article 49(1)(h) of the Constitution.
  3. 3 Who bears the burden of proving the existence of compelling reasons to deny bail.

Ratio Decidendi

The court held that the right to bail is constitutional and can only be denied if the prosecution proves compelling reasons. In this case, the only reason advanced was an unsubstantiated allegation by the complainant that the accused threatened her. There was no evidence that the alleged threat was reported to the police or investigated. The Probation Officer's Report was not produced, and the prosecution did not provide cogent evidence of risk to the complainant or risk of absconding. Mere allegations, without supporting evidence, do not meet the threshold for compelling reasons. Therefore, the prosecution failed to discharge its burden, and the applicant is entitled to bail pending trial.

Court Disposition

application for bail pending trial allowed

Orders

  • The accused shall be released on bail pending trial in Criminal Case No. 449/2018 at Wanguru Law Courts.
  • The accused shall be released on a bond of Kshs 50,000 plus one like surety, to be approved by the trial Magistrate.