[2021] KEHC 6477 (KLR)
The court found that there were no compelling reasons to deny the applicant bail or bond as required by Article 49(1)(h) of the Constitution. The pre-bail report did not reveal any risk factors such as likelihood of absconding or interference with witnesses. The court emphasized that the primary consideration in...
Source-derived case information.
- Citation
- [2021] KEHC 6477 (KLR)
- Parties
- Applicant: Layman Wamwea; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E021 of 2020
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- Application for bail granted.
- Judges
- MM Kasango
- Legal Topics
- Bail Pending Trial, Compelling Reasons for Bail, Attendance at Trial
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Layman Wamwea
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the applicant is entitled to bail pending trial for the charge of murder.
- 2 Whether there are compelling reasons to deny the applicant bail or bond.
- 3 What conditions should be imposed to ensure the applicant attends trial.
Ratio Decidendi
The court found that there were no compelling reasons to deny the applicant bail or bond as required by Article 49(1)(h) of the Constitution. The pre-bail report did not reveal any risk factors such as likelihood of absconding or interference with witnesses. The court emphasized that the primary consideration in bail applications is whether the accused will attend trial. Since the prosecution did not oppose the application and no evidence was presented to suggest the applicant would abscond or interfere with the trial process, the applicant was entitled to bail. The court therefore granted bail on reasonable terms to ensure attendance at trial and imposed a condition prohibiting...
Court Disposition
Application for bail granted.
Orders
- Layman Wamwea is released on his own bond of Kshs. 500,000 and one surety of similar amount.
- The accused shall not interfere with the prosecution’s witnesses.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO. E021 OF 2021
BETWEEN
LAYMAN WAMWEA....APPLICANTS/ACCUSED
VERSUS
REPUBLIC............RESPONDENT/PROSECUTOR
RULING
1. LAYMAN WAMWEApleaded not guilty to the charge of murder. His trial is yet to commence. He has applied for bail/bond pending his trial. His application was not opposed by prosecution.
2. The constitution under Article 49(1)(h) provides that bail/bond should be granted to an arrested person pending his trial, unless there are compelling reasons to deny bail/bond. I have considered the pre-bail report and I find no reason to deny the accused bail/bond.
3. The only consideration I will bear in mind is that the terms of bail/bond should ensure the accused does attend his trial: See the case REPUBLIC VS. ROBERT ZIPPOR NZILU (2018) eKLR:-
“I associate myself with the view expressed byMuriithi, JinKELLY KASES BUNJIKA VS. REPUBLIC(supra) that:
‘It is clear that the primary consideration for bail is whether the accused will attend his trial for the charges facing him, and it must, therefore, be a compelling reason if it is demonstrated that “the accused person is likely to fail to attend court proceedings”. The question in this matter becomes whether there is, on a balance of probabilities evidence that the accused is likely to abscond. The accused claims to have a good defence to the charge of escape from custody. The nature of such defence and evidence is not disclosed. The accused merely asserts his “constitutional right to be granted.’”
4. I therefore grant the following orders:-
a. LAYMAN WAMWEA is hereby released on his own bond Kshs.500,000/= and one surety of similar amounts.
b. The accused shall not interfere with the prosecution’s witnesses.
RULING DATED AND DELIVERED AT KIAMBU THIS 7TH DAY OF JUNE, 2021
MARY KASANGO
JUDGE
Coram:
Court Assistant: Ndege
Accused: Absent
For Accused: Kyalo
For DPP: Mr. Kasyoka
COURT
RULING delivered virtually.
MARY KASANGO
JUDGE