[2020] KEHC 6420 (KLR)
The court found that, although the accused is presumed innocent until proven guilty, the pre-bail report depicted him as violent, a drunkard, and a threat to his family and community. The accused had threatened to burn his family's houses and was considered likely to commit further offences or abscond. These factors...
Source-derived case information.
- Citation
- [2020] KEHC 6420 (KLR)
- Parties
- Respondent: Republic; Applicant: Dancun Ongoro Odiwouri
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 20 of 2019
- Procedural Posture
- Criminal Case / Ruling on Bail Application Pending Trial
- Outcome
- bail application declined
- Judges
- GMA Dulu
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Pre Bail Report, Presumption of Innocence
- 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
Dancun Ongoro Odiwouri
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 in the circumstances of this case.
Ratio Decidendi
The court found that, although the accused is presumed innocent until proven guilty, the pre-bail report depicted him as violent, a drunkard, and a threat to his family and community. The accused had threatened to burn his family's houses and was considered likely to commit further offences or abscond. These factors constituted compelling reasons justifying denial of bail for the safety of the accused, the community, and to prevent him from jumping bail. The application for bail was therefore declined.
Court Disposition
bail application declined
Orders
- The application for bail by the accused is declined.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BOMET
CRIMINAL CASE NO.20 OF 2019
REPUBLIC ........................................................PROSECUTOR
VERSUS
DANCUN ONGORO ODIWOURI..........................ACCUSED
RULING
1. Before me is an application brought by way of Notice of Motion dated 7th October 2019 for the release of the accused person herein on bail pending trial. The application was filed with an affidavit sworn by the accused person on 7th October 2017, in which he deponed that he was a married person with children, a Kenyan citizen and would abide by the terms and conditions of bail.
2. Ms Chepkemoi learned counsel for the accused urged this court to grant her client bail. She relied on the pre-bail report filed by the Probation Officer Bomet Mr. Joel Nyaribo.
3. In response, the Principal Prosecuting Counsel Mr. Murithi submitted that the pre-bail report was not favourable as the accused person had previous conviction of assaulting a prison officer at Voi and that nobody was willing to stand bail for him.
4. I have considered the application, the pre-bail report filed as well as the submissions of counsel for the accused and counsel for the state.
5. Bail is a constitutional right conferred under Article 49(1)(h) of the Constitution of Kenya 2010 which provides as follows –
“49 (1) an arrested person has the right –
(h) to be released on bond or bail, on reasonable conditions, pending charge or trial, unless there are compelling reasons not to be released”.
6. Courts have held that the primary burden of demonstrating compelling reasons for denial of bail rests with the state. Courts have also considered the particular circumstances of each case in determining applications for bail.
7. I have perused and considered the pre-bail report which has been relied upon by both the counsel for the accused person and the Principal Prosecuting Counsel. Though the accused was not convicted for assaulting the administration police officer, he is said to be violent and has even threatened his family members. He has been depicted as a drunkard since he got employed in the prison services.
8. Taking all the facts and circumstances of this matter into consideration, though the accused is presumed to be innocent until proved guilty, I am of the view that he is likely to commit other offences of violence since he has even threatened to burnhis family’s houses and then fail to come to court.
9. In my view, there are compelling circumstances herein justifying this court to grant the accused person bail both for his own safety, safety of the community, and avoid him jumping bail. I decline to grant the accused person herein bail.
Dated this 30th day of April 2020.
GEORGE DULU
JUDGE
Delivered through video conferencing in the presence of Mr. Langat court assistant, Mr. Musyoka ICT officer, Ms Fundi for state and the accused.