[2019] KEHC 9228 (KLR)
The court found that there were no compelling reasons presented by the prosecution to deny the accused his constitutional right to bail. After reviewing the witness statements and documentary evidence, the court determined that the accused should be admitted to bail on reasonable terms. The absence of objection from...
Source-derived case information.
- Citation
- [2019] KEHC 9228 (KLR)
- Parties
- Respondent: Republic; Applicant: Carlos Leleshipan
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 1 of 2019
- Procedural Posture
- Criminal Case / Ruling on Bail Pending Trial
- Outcome
- Bail granted to the accused pending trial.
- Judges
- DW Mbuteti
- Legal Topics
- Bail Pending Trial, Murder Charge, Constitutional Rights, Compelling Reasons
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Carlos Leleshipan
Applicant
Procedural Posture
Criminal Case / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under the Constitution.
- 2 Whether there exist compelling reasons to deny the accused bail.
Ratio Decidendi
The court found that there were no compelling reasons presented by the prosecution to deny the accused his constitutional right to bail. After reviewing the witness statements and documentary evidence, the court determined that the accused should be admitted to bail on reasonable terms. The absence of objection from the Republic and lack of adverse material against the accused led the court to grant bail as a matter of right under the Constitution.
Court Disposition
Bail granted to the accused pending trial.
Orders
- The accused is admitted to bail upon his own cognizance in the sum of KShs 500,000 plus two sureties in like sum.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
CRIMINAL CASE NO 1 OF 2019
REPUBLIC....................................................................PROSECUTOR
VERSUS
CARLOS LELESHIPAN.....................................................ACCUSED
RULING ON BAIL
1. The Accused in this case, Carlos Leleshipan, is charged with murder contrary to section 203 as read with section 204 of the Penal Code. It is alleged in the information dated 3rd January 2019 that in the night of 25th and 26th December, 2018 at Barseloi Market in Samburu North Sub-County within Samburu County in the Republic of Kenya, he murdered one Lesunyai Lepete.
2. On 15th January, 2019 the Accused pleaded not guilty to the charge. His trial is scheduled to commence on 21st May, 2019. The Accused has applied to be admitted to bail pending his trial. The Republic has no objection.
3. Bail pending trail is now a constitutional right that will be denied only for compelling reason; and any condition that the court may impose for such bail, again by constitutional edict, must be reasonable. See Article 59(1) (h) of the Constitution of Kenya, 2010.
4. As already noted, the Republic has no objection to the Accused being admitted to bail. I have perused the witness statements and documentary evidence supplied to the Accused and to court by the prosecution. I find therein no compelling reason to deny the Accused his constitutional right to bail.
5. In the circumstances the Accused is hereby admitted to bail. He shall be released upon his own cognizance in the sum of KShs 500,000/00 plus two (2) sureties in like sum. It is so ordered.
DATED AND SIGNED AT NANYUKI THIS 11TH DAY OF MARCH 2019
H P G WAWERU
JUDGE
DELIVERED AT NANYUKI THIS 14TH DAY OF MARCH 2019