[2019] KEHC 1917 (KLR)
The court found that the accused, charged with murder, is entitled to bail as a constitutional right under Article 49(1)(h) of the Constitution of Kenya, 2010. After reviewing the prosecution's evidence, the court determined there were no compelling reasons to deny bail. The court further held that any bail...
Source-derived case information.
- Citation
- [2019] KEHC 1917 (KLR)
- Parties
- Respondent: Republic; Applicant: Daniel Gitete Lotira
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 17 of 2019
- Procedural Posture
- Bail Application / 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, Bail Conditions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Daniel Gitete Lotira
Applicant
Procedural Posture
Bail Application / Ruling on Bail 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 exist compelling reasons to deny the accused bail.
- 3 What are reasonable conditions for granting bail in a murder case.
Ratio Decidendi
The court found that the accused, charged with murder, is entitled to bail as a constitutional right under Article 49(1)(h) of the Constitution of Kenya, 2010. After reviewing the prosecution's evidence, the court determined there were no compelling reasons to deny bail. The court further held that any bail conditions imposed must be reasonable. Consequently, the accused was admitted to bail on his own cognizance in the sum of KShs 300,000 with one surety in like sum.
Court Disposition
Bail granted to the accused pending trial.
Orders
- The accused shall be released upon his own cognizance in the sum of KShs 300,000 plus one surety in like sum.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL CASE NO.17 OF 2019
REPUBLIC……………………………………………………….PROSECUTOR
VERSUS
DANIEL GITETE LOTIRA………………………………………….ACCUSED
RULING ON BAIL
1. The Accused in this case, DANIEL GITETE LOTIRA, is charged with murder contrary to section 203 as read with section 204 of the Penal Code. It is alleged in the information dated 29/08/2019 that on 05/08/2019 at Ethi in Buuri-West Sub-county within Meru County, he murdered one TIMOTHY NCHARA IBIIRI. On 09/10/2019 the Accused pleaded not guilty. His case is not yet set down for hearing.
2. The Accused has asserted his constitutional right to bail pending his trial. The Republic has no objection.
3. Bail pending trial is now a constitutional right for all criminal offences which may be denied only for compelling reason. Furthermore, and again by constitutional edict, any conditions that the court might impose for such bail must be reasonable. For all that see Article 49(1) (h)of theConstitution of Kenya, 2010.
4. I have perused the witness statements and other documentary evidence, copies of which were supplied by the prosecution to the Accused and to the court. I do not find any compelling reason there to deny the Accused bail.
5. I will in the event admit him to bail. He shall be released upon his own cognizance in the sum of KShs 300,000/00 plus one surety in like sum. It is so ordered.
DATED AND SIGNED AT NANYUKI THIS 20TH DAY OF NOVEMBER 2019
H P G WAWERU
JUDGE
DELIVERED AT NANYUKI THIS 21ST DAY OF NOVEMBER 2019