[2021] KEHC 6548 (KLR)
The court found that there were no compelling reasons presented by the prosecution to deny the accused bail or bond. The accused is presumed innocent until proven guilty, and the prosecution did not oppose the application. The court emphasized that the primary purpose of bail is to secure the accused's attendance at...
Source-derived case information.
- Citation
- [2021] KEHC 6548 (KLR)
- Parties
- Applicant: Republic; Respondent: Alfred Nyabuto Atani alias Baba Michelle
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E014 of 2021
- Procedural Posture
- Criminal Application / Ruling on Bail/bond Application Pending Trial
- Outcome
- Bail granted with conditions.
- Judges
- MM Kasango
- Legal Topics
- Bail and Bond, Compelling Reasons, Pretrial Release, Flight Risk
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Alfred Nyabuto Atani alias Baba Michelle
Respondent
Procedural Posture
Criminal Application / Ruling on Bail/bond Application Pending Trial
Legal Issues
- 1 Whether the accused should be granted bail or bond pending trial for a charge of murder.
- 2 Whether there are compelling reasons to deny the accused bail or bond under the Constitution.
Ratio Decidendi
The court found that there were no compelling reasons presented by the prosecution to deny the accused bail or bond. The accused is presumed innocent until proven guilty, and the prosecution did not oppose the application. The court emphasized that the primary purpose of bail is to secure the accused's attendance at trial, and in the absence of evidence suggesting the accused is a flight risk or would interfere with witnesses, bail should not be denied. However, to safeguard the integrity of the trial, the accused was ordered not to interfere with prosecution witnesses, including his children, and was denied custody of his children until the conclusion of the case.
Court Disposition
Bail granted with conditions.
Orders
- The accused shall be released on a bond of Kshs.500,000 with one surety of similar amount.
- The accused shall not interfere with the prosecution’s witnesses, including his children, and shall not have custody of his children until the conclusion of the case.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL APPLICATION NO. E014 OF 2021
BETWEEN
REPUBLIC....................................................................PROSECUTOR
VERSUS
ALFRED NYABUTO ATANIaliasBABA MICHELLE..........ACCUSED
RULING
1. The Constitutional provisions in respect to an arrested person are that an arrested or accused person who is not yet proved guilty should not be kept in custody unless there are compelling reasons to do so, such as to protect the public or to protect the integrity of the trial. Bail/bond is intended to ensure an accused person does appear at his trial. This was restated in the case REPUBLIC VS. ROBERT ZIPPOR NZILU (2018) eKLRthus:-
“While agreeing with Justice Ibrahim Tanko Muhammad’sjudgment,Justice Niki Tobi gave an illuminating and persuasive decision when he said:
‘The main function of bail is to ensure the presence of the accused at the trial… Accordingly, this criterion is regarded as not only the omnibus one but also the most important. As a matter of law and fact, it is the mother of all the criteria. The Working Party on bail procedure in Magistrate’s Courts in the United Kingdom said in paragraph 22 of the Report: -
‘There are a number of other considerations to be taken account in deciding a bail application, but in general they are not in themselves reasons for granting or refusing bail, but indicators of the likelihood or otherwise of the defendant’s appearance.’”
2. ALFRED NYABUTO ATANIalias BABA MICHELLE pleaded not guilty to a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code. His trial date is yet to be set. In the meanwhile, he applied that he be released on bail/bond on reasonable terms.
3. His learned counsel informed the court that the accused is a father of 4 children. He is the sole bread winner of those children. He is not a flight risk.
4. The application was not opposed by the prosecution counsel.
5. There being no compelling reason to deny the accused bail/bond, I order as follows:-
(a) The accused shall be released on a bond of Kshs.500,000/=(Five Hundred Thousand) with one surety of similar amounts.
(b) The accused shall not interfere with the prosecution’s witnesses who include his children. He shall therefore not have the custody of his children until the conclusion of this case.
RULING DATED AND DELIVERED AT KIAMBU THIS 3RD DAY OF JUNE, 2021.
MARY KASANGO
JUDGE
Coram:
Court Assistant: Ndege
Accused: Present
For Accused: … Ms. Gathua
For DPP: ……… Mr. Kasyoka
COURT
RULING delivered virtually.
MARY KASANGO
JUDGE