[2021] KEHC 9730 (KLR)
The court held that bail is a constitutional right under Article 49(1)(h) of the Constitution of Kenya. In the absence of compelling reasons from the prosecution to oppose bail, the accused is entitled to be released on reasonable terms. The court considered the seriousness of the offence (murder) but also...
Source-derived case information.
- Citation
- [2021] KEHC 9730 (KLR)
- Parties
- Applicant: Luka Chepkonga Kimuge; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 010 of 2020
- Procedural Posture
- Criminal Appeal / Ruling on Bail Application
- Outcome
- Bail granted to the applicant on specified terms.
- Judges
- JK Mulwa
- Legal Topics
- Bail Application, Murder Charge, Presumption of Innocence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Luka Chepkonga Kimuge
Applicant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Bail Application
Legal Issues
- 1 Whether the applicant is entitled to bail pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny the applicant bail.
Ratio Decidendi
The court held that bail is a constitutional right under Article 49(1)(h) of the Constitution of Kenya. In the absence of compelling reasons from the prosecution to oppose bail, the accused is entitled to be released on reasonable terms. The court considered the seriousness of the offence (murder) but also emphasized the presumption of innocence and the need to decide each case on its peculiar circumstances. Since the prosecution did not provide any compelling reasons for denial, the court admitted the accused to bail on specified terms, including bond or cash bail and conditions to ensure attendance and non-interference with witnesses.
Court Disposition
Bail granted to the applicant on specified terms.
Orders
- The applicant shall be released upon signing a bond of Kshs 350,000/-.
- Alternatively, the applicant may deposit a cash bail of Kshs 250,000/- into court.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERUGOYA
CRIMINAL APPEAL NO. E 010 OF 2020
LUKA CHEPKONGA KIMUGE....................................................APPLICANT
– VS –
REPUBLIC....................................................................................RESPONDENT
RULING
1. The accused is charged with the offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code.
He has applied to be released on bond.
The Prosecution has no compelling reasons to oppose bail.
2. Bail is a Constitutional right to an accused person under Article 49(1)(h) of the Constitution.
3. If no compelling reasons for the prosecution to oppose such bail, it ought to be granted on reasonable terms. Such terms are dedusable from the nature and seriousness of the offence.
4. The offence of murder is a very serious offence. However, the presumption of innocence of the accused is a factor to be considered by the court in an effort to decide the terms that ought to be attached to the bail/bail if granted. Each case is therefore to be decided upon its peculiar circumstances.
5. I have considered the circumstances under which the offence is alleged to have been committed, and that the Prosecution has no compelling reasons for denial of bail.
I therefore admit the accused to bond/bail on the following terms:
1. He shall be released upon signing a bond of Kshs 350,000/- or, upon
2. Cash bail in the sum of Kshs 250,000/-, being deposited into court.
3. He shall not interfere with witnesses during pendency of the case.
4. He shall attend court as and when required to attend.
Delivered, Dated and Signed at Kerugoya this 15th day of January 2021.
J. N. MULWA
JUDGE