[2021] KEHC 5606 (KLR)
The court found that the Constitution guarantees the right to bail unless compelling reasons are shown. The prosecution and victim’s family did not present any compelling reasons to deny the accused bail. The court emphasized that bail is not punitive and is distinct from sentencing. Considering the pre-bail report...
Source-derived case information.
- Citation
- [2021] KEHC 5606 (KLR)
- Parties
- Respondent: Republic; Applicant: Amos Simiyu Nandwoli
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E025 of 2021
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- Bail granted.
- Judges
- MM Kasango
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Right to Bail, Murder Charge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Amos Simiyu Nandwoli
Applicant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused is entitled to 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 Constitution guarantees the right to bail unless compelling reasons are shown. The prosecution and victim’s family did not present any compelling reasons to deny the accused bail. The court emphasized that bail is not punitive and is distinct from sentencing. Considering the pre-bail report and the absence of compelling reasons, the accused was granted bail on reasonable terms.
Court Disposition
Bail granted.
Orders
- The accused is granted bond of Kshs.500,000 with two sureties of similar amounts.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO. E025 OF 2021
REPUBLIC……………………………………………………..…..….PROSECUTOR
VERSUS
AMOS SIMIYU NANDWOLI…………………….………….……………ACCUSED
RULING
1. AMOS SIMIYU NANDWOLIis charged with the offence of murder. He pleaded not guilty and has applied for bail pending his trial.
2. I have considered the pre-bail probation report. The accused is 27 years old. He is married with 3 children. His family supports his release on bail.
3. The victim’s family is bitter over the loss of their kin and are opposed to the accused being released on bail.
4. It is worth considering the case where the purpose for granting bail is considered. It is the case R. VS. COUTURE 2004, BCCA 215 (CanLii) as follows:-
“Considering bail applications with the public in mind can mean different things in different contexts. In some cases, it may require concern for further offences. In other cases, it may refer more particularly to public respect for the administration of justice. It is clear, however, that the denial of bail is not a means of punishment. Bailis distinct from the sentence imposed for the offence and it is necessary to recognize its different purpose which, in the context of this case, is largely to ensure that convicted persons will not serve sentences for convictions not properly entered against them.”[Underlining added.]
5. The dictates of the Constitution are that an arrested person has a right to be released on bail/bond on reasonable conditions unless there are compelling reasons not to be released. There is no compelling reasons in this case and accordingly, the accused will be granted bail.
DISPOSITION
6. AMOS SIMIYU NANDWOLI is granted bond of Kshs.500,000/= with two sureties of similar amounts.
RULING DATED, SIGNED and DELIVERED at KIAMBU this 1ST day of JULY, 2021.
MARY KASANGO
JUDGE
Coram:
Court Assistant : Ndege
Accused : Present
For the Accused: Mr. Omondi
Respondent: Mr. Kasyoka
COURT
Ruling delivered virtually.
MARY KASANGO
JUDGE