[2011] KEHC 2335 (KLR)
The court held that, despite the seriousness of the charge of murder, the Constitution grants the accused the right to be released on bond unless compelling reasons are shown to deny bail. Since the prosecution did not advance any such reasons, and the State did not oppose the application, the court found no...
Source-derived case information.
- Citation
- [2011] KEHC 2335 (KLR)
- Parties
- Applicant: Republic; Defendant: Daniel Shikuku Kwoba
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 13 of 2009
- Procedural Posture
- Criminal Case / Ruling on Bail Application Pending Trial
- Outcome
- bail granted
- Legal Topics
- Bail Pending Trial, Murder Charge, Constitutional Rights, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Daniel Shikuku Kwoba
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending the hearing and determination of the murder charge.
- 2 Whether there are compelling reasons to deny the accused bail under Article 49(1)(h) of the Constitution.
Ratio Decidendi
The court held that, despite the seriousness of the charge of murder, the Constitution grants the accused the right to be released on bond unless compelling reasons are shown to deny bail. Since the prosecution did not advance any such reasons, and the State did not oppose the application, the court found no justification to deny the accused bail. The court further considered the established principles for granting bail, including the risk of absconding and interference with witnesses, and found no evidence suggesting the accused posed such risks. Accordingly, the accused was granted bond pending trial.
Court Disposition
bail granted
Orders
- The accused shall be released on bond of KShs.2 million with two sureties of the same amount.
- The sureties shall be approved by the court.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
CRIMINAL CASE NO. 13 OF 2009
REPUBLIC ......................................................................... PROSECUTOR
V E R S U S
DANIEL SHIKUKU KWOBA .................................................... ACCUSED
R U L I N G
The accused Daniel Shikuku Kwoba, was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The accused was arraigned before this court on 2nd June 2009. He pleaded not guilty to the charge. The trial is yet to commence. On 23rd May 2011, taking advantage of the Constitution, the accused has applied to be released on bond pending the hearing of the case. The State left the issue for determination by the court since the prosecution had not received the report from the police.
In accordance with the provision of Article 49(1)(h) of the Constitution, the accused have applied to be granted bail pending the hearing and determination of the case. They have pleaded with the court to be granted reasonable bail terms. The State did not oppose to the accused being granted bail. The principles to be considered by this court in determining whether or not to grant bail were set out in Mwaura v Republic [1986] KLR 600. The said principles include the nature of the offence, the strength of the evidence, the character or behaviour of the accused and the seriousness of the punishment to be meted if the accused is found guilty. The primary underlying consideration is whether the accused will turn up at the appointed place and time for his trial. The court further held that in the exercise of its discretion, if certain exceptional circumstances personal to the accused exist which when weighed against the risk of the accused absconding, the balance will tilt in favour of granting bail.Another factor which the court shall take into consideration is whether the accused shall interfere with the witnesses if he is released on bail.
In the present application, whereas the accused is facing the serious charge of murder, unless there are compelling reasons, the Constitution grants him the right to be released on bond pending the hearing and determination of the criminal that is facing him. No reasons have been put forward by the prosecution to make this court deny the accused bond. He shall therefore be released on bond pending the hearing and determination of this case.
The accused shall be released on bond of KShs.2 million with two sureties of the same amount. The sureties shall be approved by this court.
DATED AT KAKAMEGA THIS 22ND DAY OF JUNE 2011.
L. KIMARU
J U D G E