[2019] KEHC 1176 (KLR)
The court held that under Article 49(1)(h) of the Constitution, bail is a right unless compelling reasons are shown. The State did not object to bail for the 2nd and 3rd accused persons, and there were no compelling reasons advanced against them. However, the 1st accused had another pending criminal matter, which...
Source-derived case information.
- Citation
- [2019] KEHC 1176 (KLR)
- Parties
- Applicant: Republic; Defendant: Alex Kiprotich Cheruyoiy alias Nixxo; Defendant: Dennis Kipkorir Terer; Defendant: Weldon Kipkemoi Mutai
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 39 of 2019
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- bail granted in part; 2nd and 3rd accused released on bail, 1st accused denied bail at this stage
- Judges
- GMA Dulu
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Constitutional Rights, Pre Bail Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Alex Kiprotich Cheruyoiy alias Nixxo
Defendant
Dennis Kipkorir Terer
Defendant
Weldon Kipkemoi Mutai
Defendant
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the accused persons are entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there exist compelling reasons to deny bail to the 1st accused person.
- 3 What conditions should be imposed for the release of the 2nd and 3rd accused persons on bail.
Ratio Decidendi
The court held that under Article 49(1)(h) of the Constitution, bail is a right unless compelling reasons are shown. The State did not object to bail for the 2nd and 3rd accused persons, and there were no compelling reasons advanced against them. However, the 1st accused had another pending criminal matter, which the court found to be a compelling reason to deny bail at this stage. Accordingly, the 2nd and 3rd accused were granted bail on specified terms, while the 1st accused's application for bail was deferred.
Court Disposition
bail granted in part; 2nd and 3rd accused released on bail, 1st accused denied bail at this stage
Orders
- Dennis Kipkorir Terer and Weldon Kipkemoi Mutai to be released on signing bond of Kshs.300,000 with one surety of similar amount each.
- Alternatively, each of the two may be released on payment of cash bail of Kshs.200,000.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO.39 OF 2019
REPUBLIC...........................................................................PROSECUTOR
VERSUS
ALEX KIPROTICH CHERUYOIT alias NIXXO.............1ST ACCUSED
DENNIS KIPKORIR TERER.............................................2ND ACCUSED
WELDON KIPKEMOI MUTAI.........................................3RD ACCUSED
RULING
1. Before me is a Notice of Motion dated 29th November 2019 filed by M/s Obondo Koko & Company Advocates for the three accused persons for bail pending trial.
2. The application was filed under Article 49 (1) (2), 20 (3), (4) and (5), 21 (1), 22 (3) and (4) and 50 (2) (a) of the Constitution of Kenya 2010 and section 123 of the Criminal Procedure Act (cap.75) and has grounds on the face of the Notice of Motion and is supported by an affidavit sworn by the 1st accused person Alex Cheruiyot on 20/11/2019.
3. The Probation Officer, Kericho, filed pre-bail reports for each of the three accused persons.
4. Ms Fundi for the State did not object to release on bail of the 2nd and 3rd accused persons but stated that the 1st accused person has another criminal issue at Molo. Ms Chepkirui for the accused persons urged that the 2nd and 3rd accused persons be released on bail, and that the matter be mentioned later for consideration of bail for the 1st accused.
5. Under Article 49 (1) (h) of the Constitution of Kenya 2010, every arrested person has a right to be released on bail on reasonable conditions unless there exist compelling reasons for denial of bail. Bail herein is opposed by the State on the 1st accused person. I will thus not release him on bail presently.
6. With regard to the 2nd and 3rd accused persons, I will release them on bail on the following terms-
1) Each of the accused persons, Dennis Kipkorir Terer and Weldon Kipkemoi Mutai will be released on signing bond of Kshs.300,000/- with one surety of similar amount..
2) In the alternative, each of the two will be released on payment of cash bail of Kshs.200,000/.
3) They will not interfere with prosecution witnesses.
4) They will attend all mentions of the case and the hearing till the case is finalized.
Dated and delivered at Kericho this 20th day of December 2019.
George Dulu
JUDGE