[2018] KEHC 3808 (KLR)
The court held that bail pending trial is a constitutional right under Article 49(1)(h) of the Constitution of Kenya. Since the prosecution did not oppose the application and no compelling reasons were presented to deny bail, the applicants were entitled to be released on bail. The absence of evidence regarding the...
Source-derived case information.
- Citation
- [2018] KEHC 3808 (KLR)
- Parties
- Applicant: Peter Charles Syanda; Applicant: Victor Ndali Charles; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 18 of 2015
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- Bail granted to both applicants.
- Judges
- LN Mutende
- Legal Topics
- Bail Pending Trial, Murder Charge, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Peter Charles Syanda
Applicant
Victor Ndali Charles
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the applicants are entitled to bail pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny the applicants bail.
Ratio Decidendi
The court held that bail pending trial is a constitutional right under Article 49(1)(h) of the Constitution of Kenya. Since the prosecution did not oppose the application and no compelling reasons were presented to deny bail, the applicants were entitled to be released on bail. The absence of evidence regarding the applicants' character, antecedents, associations, or community ties that could prejudice their release further supported the decision. The court therefore granted each applicant bail of Kshs. 2,000,000 with a surety of a similar sum.
Court Disposition
Bail granted to both applicants.
Orders
- Each accused/applicant is granted bail of Kshs. 2,000,000 with a surety of similar sum.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITUI
CRIMINAL CASE NO. 18 OF 2015
PETER CHARLES SYANDA........................1ST ACCUSED/APPLICANT
VICTOR NDALI CHARLES........................2ND ACCUSED/APPLICANT
VERSUS
REPUBLIC.............................................................................RESPONDENT
R U L I N G
1. Peter Charles Syanda(1st Applicant) and Victor Ndali Charles(2nd Applicant) are charged with the offence of Murdercontrary to Section 203as read with Section 204of the Penal Code (Cap 63) Laws of Kenya.They seek to be released on bail pending trial.
2. In their respective applications dated 27thday of September, 2018,they have stated that ends of justice would require their release on bail. That following their arraignment in Court they have not been furnished with the postmortem report, a fact that waters down the strength of the case. That there is no evidence of character, antecedents, associations and/or community ties in relation to the Applicants that can be prejudicial to their admission to bail.
3. In response, the State through learned State Counsel, Mr. Mambadid not oppose the Applicants’ release on bail.
4. Principles upon which an Accused is released on bond pending trial are stipulated in Article 49(1)(h)of the Constitutionthat provides thus:
“(1) An arrested person has the right—
(h) to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.”
5. Bail pending trial is a constitutional right and since there are no compelling reasons why the Accuseds/Applicants should be incarcerated, each Accused/Applicant is hereby granted bail of Two (2) Million Shillings (Kshs. 2,000,000/=)with a surety of similar sum.
6. It is so ordered.
Dated, Signed and Deliveredat Kitui this 27thday of September,2018.
L. N. MUTENDE
JUDGE