[2022] KEHC 2856 (KLR)
The court found that the accused has a constitutional right to bail or bond, and the prosecution did not oppose the application. The pre-bail report recommended release, and there were no compelling reasons presented to deny bail. The court therefore admitted the accused to bail or bond on specified terms.
Source-derived case information.
- Citation
- [2022] KEHC 2856 (KLR)
- Parties
- Applicant: Republic; Defendant: Ann Yano Mosop
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E063 of 2021
- Procedural Posture
- Criminal Case / Ruling on Bail/bond
- Outcome
- Accused admitted to bail or bond.
- Judges
- DO Ogembo
- Legal Topics
- Bail Application, Compelling Reasons, Pre Bail Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Ann Yano Mosop
Defendant
Procedural Posture
Criminal Case / Ruling on Bail/bond
Legal Issues
- 1 Whether the accused is entitled to bail or bond under the Constitution.
- 2 Whether there are compelling reasons to deny the accused bail or bond.
- 3 What are the appropriate terms for bail or bond in this case.
Ratio Decidendi
The court found that the accused has a constitutional right to bail or bond, and the prosecution did not oppose the application. The pre-bail report recommended release, and there were no compelling reasons presented to deny bail. The court therefore admitted the accused to bail or bond on specified terms.
Court Disposition
Accused admitted to bail or bond.
Orders
- Accused admitted to bond of Kshs 200,000 with one surety of similar amount, or alternatively, cash bail of Kshs 80,000.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT ELDORET
CRIMINAL CASE NO. E063 OF 2021
REPUBLIC.....................................................STATE
VERSUS
ANN YANO MOSOP...............................ACCUSED
RULING ON BAIL/BOND:
1. Under the Constitution bond or bail is now a Constitutional right which can only be denied where the prosecution proves compelling reasons.
2. The accused to be released on bail or bond. The application is not opposed by the prosecution. That means that the remaining issue is the terms upon which bond or bail can be considered.
3. I have considered a Pre-bail Report filed here by the Probation Service on 14/12/2021. The report indicates that the accused is a mother of 9 and sole provider of her children. Further, that the Community is willing to receive her back to community. The Report recommends her release on bail.
4. The report, however, also indicates that the victim’s family is not prepared to have the accused released on bond. However, the report also noted that any release will not interfere with witnesses.
5. I have carefully considered the application for release on bond. As I have said, the application is not opposed. Further to it, the applicant has a Constitutional right to be released on bail. I have also noted that there are no compelling reasons why this Court cannot release the accused on bail or bond.
6. Pursuant to the foregoing I find that the accused merits release on bond/bail.
Therefore I admit her to bond/bail on the following terms:-
i. Bond of Kshs 200,000/= with one surety of similar amount, or, alternatively;
ii. Cash bail of Kshs 80,000/=
7. That is the ruling of the Court.
E. OGOLA
JUDGE
RULING DATED, SIGNED AND DELIVERED AT ELDORET THIS 26TH DAY OF JANUARY, 2022.