[2018] KEHC 3755 (KLR)
The court held that bail pending trial is a constitutional right under Article 49(1)(h) of the Constitution. Since the prosecution did not present any compelling reasons to deny bail and the applicant undertook not to abscond or interfere with investigations, the court found no justification for continued...
Source-derived case information.
- Citation
- [2018] KEHC 3755 (KLR)
- Parties
- Applicant: Peter Mutua Isaac; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 14 of 2017
- Procedural Posture
- Criminal Case / Bail Application Pending Trial
- Outcome
- Bail granted pending trial.
- Judges
- LN Mutende
- Legal Topics
- Bail Pending Trial, Constitutional Rights of Accused, Compelling Reasons for Denial of Bail
- 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 Mutua Isaac
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Bail Application Pending Trial
Legal Issues
- 1 Whether the applicant is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there are compelling reasons to deny the applicant bail.
Ratio Decidendi
The court held that bail pending trial is a constitutional right under Article 49(1)(h) of the Constitution. Since the prosecution did not present any compelling reasons to deny bail and the applicant undertook not to abscond or interfere with investigations, the court found no justification for continued incarceration. The seriousness of the offence alone was not deemed sufficient to deny bail. Accordingly, the applicant was granted bail with stringent terms to ensure attendance at trial and non-interference with witnesses.
Court Disposition
Bail granted pending trial.
Orders
- The applicant is granted bail of Kshs. 2,000,000 with a surety of a 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. 14 OF 2017
PETER MUTUA ISAAC..............ACCUSED/APPLICANT
VERSUS
REPUBLIC.....................................................RESPONDENT
R U L I N G
1. By way of Notice of Motion dated the 18thday of September, 2018,the Accused (Applicant) seeks to be released on bail pending trial.
2. The application is premised on grounds that the Applicant is a Kenyan Citizen entitled to reasonable bond/bail term to the discretion of the Court and that he will abide with terms set by the Court.
3. The Applicant deposed an affidavit in support of the application stating that he was arrested while on the course of his routine duties. That he will not abscond from the jurisdiction of the Court or frustrate police investigations and bail is a constitutional right.
4. In response the State through learned Counsel Mr. Mambadid not oppose the release of the Accused on bail but called upon the Court to consider the seriousness of the offence and impose stringent bail terms and that the Applicant should undertake not to interfere with the Prosecution witnesses.
5. 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.”
6. Bail pending trial is a constitutional right and since there are no compelling reasons why the Accused/Applicant should be incarcerated, he is hereby granted bail of Two (2) Million Shillings (Kshs. 2,000,000/=)with a surety of similar sum.
7. It is so ordered.
Dated, Signed and Delivered at Kitui this 26th day of September, 2018.
L. N. MUTENDE
JUDGE