[2019] KEHC 5525 (KLR)
The court found that the Constitution guarantees the right to bail unless compelling reasons are shown. In this case, the prosecution expressly stated that there were no compelling reasons to oppose bail, and the court independently found none. Therefore, the accused was entitled to bail pending trial. The court...
Source-derived case information.
- Citation
- [2019] KEHC 5525 (KLR)
- Parties
- Respondent: Republic; Applicant: Benard Kiprono Kirui
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 17 of 2018
- Procedural Posture
- Criminal Case / Ruling on Bail Application Pending Trial
- Outcome
- application for bail allowed
- Judges
- GMA Dulu
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Right to Bond, Pre Trial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Benard Kiprono Kirui
Applicant
Procedural Posture
Criminal Case / Ruling on Bail Application Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there are compelling reasons to deny the accused bail.
Ratio Decidendi
The court found that the Constitution guarantees the right to bail unless compelling reasons are shown. In this case, the prosecution expressly stated that there were no compelling reasons to oppose bail, and the court independently found none. Therefore, the accused was entitled to bail pending trial. The court exercised its discretion to set reasonable conditions for release, balancing the accused's rights with the need to ensure attendance at trial and non-interference with witnesses.
Court Disposition
application for bail allowed
Orders
- The accused may be released on signing his own bond of KES 300,000 with one surety of similar amount.
- Alternatively, the accused may be released on payment of cash bail of KES 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.17 OF 2018
REPUBLIC................................................................PROSECUTOR
VRS
BENARD KIPRONO KIRUI............................................ACCUSED
RULING
1. In this criminal matter where the accused stands charged with murder contrary to section 203 as read with section 204 of the Penal Code, the accused person through counsel M/s Chelule & Co. Advocates filed an application (Notice of Motion) for bond/bail pending trial on 1st October 2018.
2. Principal Prosecuting Counsel Ms Keli in response informed the court that the State did not oppose the application for bail pending trial as they had no compelling reasons.
3. Under Article 49 (1) (h) of the Constitution of Kenya 2010, every arrested person has a right to pre-trial bond or bail unless there are compelling reasons to deny such bail. The Article provides as follows-
“49 (1) An arrested person has the right-
(h) to be released on bond or bail, on reasonable conditions pending a charge or trial, unless there are compelling reasons not to be released.”
4. In the present case, the State has informed the court that they have no compelling reasons to justify opposition to grant a bond or bail. I myself do not see any compelling reason that can justify refusal of the bond or bail application.
5. I note that both the counsel for the parties have not suggested any reasonable conditions for release of the accused. Doing the best I can, I will allow the application and release the accused person on the following conditions-
i. The accused may be released on signing his own bond of kshs.300,000/- with one surety of similar amount.
ii. In the alternative, he may be released on payment of cash bail of kshs.200,000/-.
iii. He will not interfered with prosecution witnesses.
iv. He will attend every mention of the case and hearings until the case is finalized.
Dated and delivered at Kericho this 22nd day of July 2019.
George Dulu
JUDGE