[2013] KEHC 4782 (KLR)
The court held that, in light of the constitutional presumption of innocence and the absence of any objection from the State, there was no justification to deny the accused bail. The Constitution of Kenya 2010 extends the right to bail to all accused persons, including those charged with capital offences, unless...
Source-derived case information.
- Citation
- [2013] KEHC 4782 (KLR)
- Parties
- Respondent: Republic; Applicant: Benson Machesu Shelly
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 49 of 2011
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- Bail granted to the accused on specified terms.
- Legal Topics
- Bail Pending Trial, Presumption of Innocence, Capital Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Benson Machesu Shelly
Applicant
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial in a murder case.
- 2 Whether there are sufficient grounds to deny bail to the accused.
Ratio Decidendi
The court held that, in light of the constitutional presumption of innocence and the absence of any objection from the State, there was no justification to deny the accused bail. The Constitution of Kenya 2010 extends the right to bail to all accused persons, including those charged with capital offences, unless compelling reasons are shown. Since the prosecution did not present any compelling reasons to deny bail and was even considering reducing the charge, the court found it appropriate to grant bail on specified terms to ensure the accused's attendance and non-interference with witnesses or investigations.
Court Disposition
Bail granted to the accused on specified terms.
Orders
- The accused will be released on signing a bond of Kshs.1,000,000 with two sureties of similar amount.
- The accused shall not interfere with witnesses or investigation.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
High Court at Kakamega
Criminal Case 49 of 2011 [if gte mso 9]><xml>
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(AN APPLICATIION FOR BAIL PENDING APPEAL)
REPUBLIC …………………………….…….………….. PROSECUTOR
VERSUS
BENSON MACHESU SHELLY ………....…………………… ACCUSED
RULING
This is a murder case where accused’s counsel Mr. Shifwoka has applied for bond. The State Counsel, Mr. Oroni, does not oppose the request for bond.
Bond or bail is a Constitutional conditional right. An accused is presumed innocent until proved guilty. The Constitution of Kenya 2010 extended entitlement to bond or bail to those charged with capital offences. The State Counsel does not object to bond, and indicates that they are considering substituting the charge with that for a lesser offence.
I find no reason to deny the accused bail in the present circumstances of this case. I will grant bail or bond on the following terms:-
1. The accused will be released on signing a bond of Kshs.1,000,000/= (one million shillings) with two sureties of similar amount.
2. He will not interfere with witnesses or investigation.
3. He will attend hearings of the case and mentions, the first mention will be on 25th April, 2013.
It is so ordered.
Dated at Kakamega this 14th day of February, 2013
George Dulu
J U D G E
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