[2021] KEHC 9053 (KLR)
The court held that the right to bail is constitutional and may only be restricted if compelling reasons are shown. Despite the accused being non-Kenyans and refugees, the court found no compelling circumstances to deny bail. The court therefore admitted both accused persons to bond with conditions, emphasizing the...
Source-derived case information.
- Citation
- [2021] KEHC 9053 (KLR)
- Parties
- Respondent: Republic; Defendant: Abdikarim Ahmed Aden; Defendant: Dahir Harun Bulle
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 9 of 2020
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- bail granted with conditions
- Legal Topics
- Bail Pending Trial, Murder Charge, Compelling Circumstances, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Abdikarim Ahmed Aden
Defendant
Dahir Harun Bulle
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused persons are entitled to bail pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny bail to the accused persons who are non-Kenyans and refugees.
Ratio Decidendi
The court held that the right to bail is constitutional and may only be restricted if compelling reasons are shown. Despite the accused being non-Kenyans and refugees, the court found no compelling circumstances to deny bail. The court therefore admitted both accused persons to bond with conditions, emphasizing the constitutional presumption of innocence and the right to liberty pending trial, subject to reasonable terms to secure attendance at trial.
Court Disposition
bail granted with conditions
Orders
- Each accused is admitted to bond of Ksh.700,000 with two Kenyan sureties of a like sum.
- The accused shall appear for mention before the Deputy Registrar Garissa on the 5th of every month or on dates during the first week of every month as fixed by the Deputy Registrar until completion and determination of the case.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARISSA
CRIMINAL CASE NO. 9 OF 2020
REPUBLIC........................................................PROSECUTION
VERSUS
ABDIKARIM AHMED ADEN...........................1ST ACCUSED
DAHIR HARUN BULLE...................................2ND ACCUSED
RULING
1. Before court is an application on behalf of the two accused persons, Abdikarim Ahmed Aden and Dahir Harun Bulle.
2. The two are faced with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. It is alleged that on the 3rd of September 2020, at Magadera Refugee Camp in Fafi Sub-County of Garissa they jointly and unlawfully murdered one Mohamed Ali Mohamed, a charge they both deny.
3. They have moved this court seeking for bail pending hearing and determination of the case against them.
4. Bond is a constitutional right. One is denied bond only if there are compelling circumstances. Article 49(h) of the Constitution 2010 provides that an arrested person has the right 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. Considering the offence facing the accused persons and the circumstances relating to both said to be non-Kenyans and holding status of refugees, I will admit both of them to bond on the following terms;-
a. Bond of Ksh.700,000 with two Kenyan sureties of a like sum.
b. The two will appear for mention before the Deputy Registrar Garissa on the 5th of every month or on dates during the first week of every month as fixed by the Deputy Registrar until completion and determination of the case.
DELIVERED AND SIGNED AT GARISSA THIS 11th DAY OF FEBRUARY, 2021.
........................
ALI ARONI
JUDGE