[2014] KEHC 2740 (KLR)
The court held that bail and bond are constitutional rights for an accused person charged with a criminal offence in Kenya, and that such rights should be granted unless compelling reasons are presented to deny release. In this case, the prosecution did not oppose the application and provided no compelling reasons...
Source-derived case information.
- Citation
- [2014] KEHC 2740 (KLR)
- Parties
- Respondent: Republic; Applicant: Ahmed Jilaow Jimale
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 6 of 2014
- Procedural Posture
- Bail Application / Ruling on Bail Application
- Outcome
- application allowed
- Legal Topics
- Bail Application, Pretrial Release, Constitutional Rights of Accused
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Ahmed Jilaow Jimale
Applicant
Procedural Posture
Bail Application / Ruling on Bail Application
Legal Issues
- 1 Whether the applicant is entitled to bail pending trial under the Constitution and Criminal Procedure Code.
- 2 Whether there are compelling reasons to deny the applicant bail.
Ratio Decidendi
The court held that bail and bond are constitutional rights for an accused person charged with a criminal offence in Kenya, and that such rights should be granted unless compelling reasons are presented to deny release. In this case, the prosecution did not oppose the application and provided no compelling reasons to deny bail. The applicant demonstrated ties to the jurisdiction, including employment and citizenship, and expressed willingness to comply with bail conditions. Consequently, the court found no justification to deny bail and allowed the application, setting terms for cash bail or bond with surety.
Court Disposition
application allowed
Orders
- The accused is released on cash bail of Kshs 1,500,000 to be deposited with the Registrar of the Court.
- In the alternative, the accused may be released on a bond of Kshs 2,000,000 with one Kenyan surety of similar amount.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARISSA
CRIMINAL CASE NO.6 OF 2014
REPUBLIC …….……………………………….…PROSECUTOR/RESPONDENT
VERSUS
AHMED JILAOW JIMALE…….………......……………….ACCUSED/APPLICANT
RULING
This is a bail application dated 1st July 2014 and filed on 2nd July 2014 brought by the applicant. He bases the application on the constitutional provisions (Articles 49, 50, 51(1), 19,20,21,22, 23(1), and 28) and section 123 of the Criminal Procedure Code.
The application is supported by his affidavit filed on 2nd July 2014 and a supplementary affidavit dated and filed today 24th July 2014. He has stated that he is a citizen of Kenya and bearer of National Identity Card No. [particulars withheld] a copy of which he has attached to the affidavit; that at the time of his arrest he was employed by the County Government of Wajir as a driver and has attached a copy of letter dated 25th September 2013 offering him that job.
He has stated further that he is not a flight risk and is ready and willing to abide by the conditions of bail set by this court.
The learned state counsel did not oppose the application. He told the court that he had no compelling reasons to oppose this application.
I have considered the application, the supporting affidavit and the supplementary affidavit together with the attached documents. Bail/bond is constitutional rights and are granted to an accused person charged with a criminal offence in this country unless compellable reasons not to so release him are advanced.
I have no reason to deny the accused bail/bond in this case. I therefore allow the application and order that the accused be released on bail/bond pending the hearing and determination of his case on the following terms:
Cash bail of one and half million Kenya Shillings (Kshs 1,500,000) to be deposited with the Registrar of this Court.
In the alternative, a bond of two million Kenya Shillings (Kshs.2,000,000) with one Kenyan surety of similar amount.
I make orders accordingly.
Dated, signed and delivered this 24th July 2014.
S.N.MUTUKU
JUDGE