[2007] KEHC 2102 (KLR)
The court held that the offences the applicant is charged with are bailable and that the trial court's refusal to grant bail was not supported by sufficient evidence. The prosecution failed to provide particulars or the nature of the alleged other cases in Embu and Chuka, and the mere existence of other cases does...
Source-derived case information.
- Citation
- [2007] KEHC 2102 (KLR)
- Parties
- Applicant: Julius Kirimi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- ? 47 of 2007
- Procedural Posture
- Miscellaneous Application / Ruling on Bail Pending Trial
- Outcome
- application allowed
- Legal Topics
- Bail Pending Trial, Right to Bail, Judicial Discretion in Bail, Criminal Procedure Code, Burden of Proof Bail, Pretrial Release
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Kirimi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the applicant is entitled to bail pending trial despite objections by the prosecution.
- 2 Whether the existence of other pending cases is a valid ground to deny bail.
- 3 Whether the trial court erred in denying bail without sufficient evidence.
Ratio Decidendi
The court held that the offences the applicant is charged with are bailable and that the trial court's refusal to grant bail was not supported by sufficient evidence. The prosecution failed to provide particulars or the nature of the alleged other cases in Embu and Chuka, and the mere existence of other cases does not automatically justify denial of bail. Furthermore, the court clarified that it is not a requirement for a suspect to apply for bail before the trial court, as the court can grant bail on its own motion. The denial of bail was therefore unjustified, and the applicant is entitled to be released on bond with appropriate conditions.
Court Disposition
application allowed
Orders
- The applicant may be released on bond of Kshs.200,000 with one surety of the like sum.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
Misc Crim Case 47 of 2007
JULIUS KIRIMI …………………….………...…………………… APPLICANT
VERSUS
REPUBLIC …………………………………………..……….. RESPONDENT
RULING
The applicant who is facing criminal charges in the lower court at Nkubu, PM Court has applied to this court to be admitted to bail pending the hearing and determination of that case.
The prosecution in the court below objected to the applicant being released on bond on the grounds that he was facing other cases in Chuka and Embu Law Courts and that he was likely to interfere with the witnesses.
That objection was sustained by the court prompting this application. First and foremost the charges the applicant is facing are bailable, being obtaining money by false pretences contrary to Section 313 of the Penal Code and being in possession of papers for forgery contrary to Section 367(e) of the Penal Code.
Learned counsel for the respondent opposed the application arguing that the applicant had not applied for bail before the trial court and further that the applicant did not rebut the claims of existence of other cases in Embu and Chuka.
As I have already stated the charges already involved are bailable. Where an offence is bailable the court need not wait for the suspect to apply for bail. It is not a requirement under Section 123 of the Criminal Procedure Code. The court can on its own motion grant bail, unless for reasons to be recorded it thinks otherwise.
In this particular case what we are concerned with is the order denying the applicant bail. It would not have made any difference even if the applicant applied as the trial court was determined to decline to grant one
The reasons advanced for denying the applicant bail are not backed with evidence. The prosecution did not disclose the particulars of the cases in Embu and Chuka Law Courts – or their nature. The fact that a suspect has other cases, per se is not a ground for denying him bail.
For these reasons, the application is allowed. The application may be released on bond of Kshs.200,000/= with one surety of the like sum.
DATED AND DELIVERED AT MERU THIS 24TH DAY OF JUNE 2007
W. OUKO
JUDGE