[2017] KEHC 578 (KLR)
The court held that the applicant is entitled to bail as a constitutional right unless compelling reasons are advanced by the prosecution to deny bail. In this case, the prosecution did not provide any compelling reasons. The court also considered the social inquiry report and found no reason to deny bail. However,...
Source-derived case information.
- Citation
- [2017] KEHC 578 (KLR)
- Parties
- Respondent: Republic; Applicant: Collins Wafula Makali
- Court
- High Court
- Court Station
- High Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Murder Case 10 of 2016
- Procedural Posture
- Criminal Murder Case / Ruling on Bail Application Pending Trial
- Outcome
- application for bail allowed
- Judges
- BB Limo
- Legal Topics
- Bail Pending Trial, Presumption of Innocence, Compelling Reasons, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Respondent
Collins Wafula Makali
Applicant
Procedural Posture
Criminal Murder Case / Ruling on Bail Application Pending Trial
Legal Issues
- 1 Whether the applicant is entitled to bail pending trial under the Constitution.
- 2 Whether there are compelling reasons to deny the applicant bail.
Ratio Decidendi
The court held that the applicant is entitled to bail as a constitutional right unless compelling reasons are advanced by the prosecution to deny bail. In this case, the prosecution did not provide any compelling reasons. The court also considered the social inquiry report and found no reason to deny bail. However, given the seriousness of the charge, the court imposed commensurate terms to ensure the applicant's attendance at trial. The application for bail was therefore allowed, and the applicant was admitted to bond with a surety of a similar amount.
Court Disposition
application for bail allowed
Orders
- The applicant is admitted to a bond of Kshs. 1,000,000 with a surety of a similar amount.
- If released, the applicant is required to strictly attend court on time whenever required.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT CHUKA
CRIMINAL MURDER CASE NO. 10 OF 2016
REPUBLIC....................................PROSECUTOR
VERSUS
COLLINS WAFULA MAKALI............ACCUSED
R U L I N G
1. Before me is an application dated 5th January 2017, by COLLINS WAFULA MAKALI the applicant herein asking this court to admit to bond/bail pending trial. The applicant has invoked the provisions of article 2 (1) & (4), 20(4). 24 (1) (e) and 49(1)(h) of the Constitution and the main ground for the application is that the applicant is entitled to the right of presumption of innocence and right also to bail.
2. In his Supporting Affidavit sworn on 5th January, 2017, the applicant has deponed that he is not a flight risk and that he has a permanent place of abode. He has further deponed that he is ready and willing to abide by all the terms including attending all mentions and trial sessions without fail.
3. The state through the office of DPP represented by learned counsel, Miss Ndobi expressed no objection to this application and conceded that the applicant can be granted bond.
4. I have considered this application which I must state from the onset that the Applicant should have moved this court by way of motion rather than Chamber Summons which have now been overtaken by rules of procedure in this court. That however is an insignificant technical matter that cannot affect the substance of the application before me. A right to bail/bond is a constitutional right under Article 40(1)(h) of the Constitution. The same right is premised on the right to presumption of innocence provided under Article 50(2)(a) of the Constitution of Kenya 2010. That right to bail is not absolute but limited where compelling reasons are advanced by the prosecution. In this application as already stated above, none has been put forward by the respondent herein. I have had occasion of perusing through the social inquiry report on the accused person and I find no reason to deny the applicant herein his right to bail. It should not be lost however that the case facing the accused person is serious which calls for commensurate terms to ensure attendance of the applicant to the court whenever required to do so. In the premises, I am inclined to allow the application dated 5th January, 2017. The Applicant is admitted to a bond of Kshs.1 million with a surety of a similar amount. If released he is required to strictly attend court on time whenever required to do so.
Dated and delivered at Chuka this 17th day of January 2017.
R.K. LIMO
JUDGE
17/1/2017
Coram:
Before R.K. Limo (J)
Pros- Miss Ndombi -state counsel
C/A- Murithi
Accused - present
Mutuma for Accused - present
Ndombi for state - present
Court:
Ruling signed, dated and delivered in the open court in the presence of Mutuma for Accused and Ndombi for the state.
R.K. LIMO
JUDGE
17/1/2017