[2016] KEHC 5755 (KLR)
The court found that the reasons advanced by the investigating officer—lack of permanent employment and uncertainty about the accused's residence—did not amount to compelling reasons to deny bail. Guided by the principle that bail is a conditional privilege and the accused is presumed innocent until proven guilty,...
Source-derived case information.
- Citation
- [2016] KEHC 5755 (KLR)
- Parties
- Applicant: Republic; Defendant: Alexander Karue Wahome
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 6 of 2015
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- bail granted with conditions
- Legal Topics
- Bail Pending Trial, Murder Charge, Pretrial Release, Compelling Reasons, Probation Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Alexander Karue Wahome
Defendant
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the accused should be granted bail pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny bail to the accused.
Ratio Decidendi
The court found that the reasons advanced by the investigating officer—lack of permanent employment and uncertainty about the accused's residence—did not amount to compelling reasons to deny bail. Guided by the principle that bail is a conditional privilege and the accused is presumed innocent until proven guilty, the court held that the accused should not be punished by pretrial detention in the absence of compelling justification. The court also considered the pre-bail probation report and the accused's good character. Accordingly, the court granted bail with conditions to ensure the accused's attendance at trial and to mitigate any risk of absconding.
Court Disposition
bail granted with conditions
Orders
- The accused is granted bail pending trial on his own personal bond of Kshs. 500,000 with two sureties of similar amount.
- The accused shall not leave the jurisdiction of the court during the pendency of the case without leave of the court.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
HCR.C. NO. 6 OF 2015
REPUBLIC …………………………………. APPLICANT
-VERSUS—
ALEXANDER KARUE WAHOME ……………………………ACCUSED
RULING
ALEXANDER KARUE WAHOME, the accused, is charged with the offence of murder Contrary to Section 203 as read with Section 204 of the Penal Code. He is awaiting his trial after pleading not guilty to the charge. He has applied for the court to grant him bail pending trial.
The murder victim was the accused wife. He has two children. He was carrying on boda boda (motor cycle) business in Nanyuki town.
He is described as a person of good character by both his family and the Assistant Chief of Kiamariga.
His application for bail was opposed by the state. The investigating officer gave two reasons for his opposition to the application. He stated that the accused did not have permanent employment, and that no one knows his home in Karatina hence it would be difficult to trace him if he absconded.
I have considered the ground given by the investigating officer and the pre-bail probation report. I am guided, in my consideration of the application, by the case MOGOTSI AND ANOTHER V THE STATE 1990 BLR 142 (HC)where it was stated:
“The practice of admission to bail, as it has evolved in Anglo-American law, is not a devise for keeping persons, in jail upon mere accusation until it is found convenient to give them a trial. On the contrary, the spirit of the procedure is to enable them to stay out of jail until a trial has found them guilty. Without this conditional privilege, even those wrongfully accused are punished by a period of imprisonment while awaiting trial and are handicapped in consulting counsel, searching for evidence and witnesses, and preparing a defense.”
In my view and in consideration of the above decision there is no compelling reason why this court should deny the accused his application for bail pending trial. It is for that reason I grant the following orders:
ALEXANDER KARUE WAHOME is hereby granted bail pending trial on his own personal bond of Kshs. 500,000/= with two sureties of similar amount.
ALEXANDER KARUE WAHOME shall not leave the jurisdiction of this court during the pendency of this case without the leave of the court.
During the pendency of this case ALEXANDER KARUE WAHOME shall reside at Njogu ya Wanjiku Village.
Dated and Delivered at Nanyuki this 14thApril, 2016
MARY KASANGO
JUDGE
Coram
Before Justice Mary Kasango
Court Assistant – Njue
For state …………………………………………
For Appellant …………………………………….
Appellant ………………………………………….
COURT
Ruling delivered in open court
MARY KASANGO
JUDGE