[2012] KEHC 757 (KLR)

[2012] KEHC 757 (KLR)

The court found that although the accused has a constitutional right to bail, the seriousness of the offence (murder of two family members), the strength of the evidence as previously established, the gravity of the potential sentence, and the divided opinion among the accused's relatives regarding his release...

Source-derived case information.

Citation
[2012] KEHC 757 (KLR)
Parties
Respondent: Republic; Applicant: David Benson & Kipkerich Kemei Chumo
Court
High Court
Court Station
High Court at Kericho
Jurisdiction
Kenya
Judgment Date
13 November 2012
Case Number
Criminal Case 29 of 2011
Procedural Posture
Criminal Case / Bail Application After Retrial Order
Outcome
application for bail disallowed
Judges
LN Mutende
Legal Topics
Bail Pending Trial, Compelling Reasons, Murder Charges, Judicial Discretion
Source Language
english
Criminal Law Bail Pending Trial Compelling Reasons Murder Charges Judicial Discretion

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Summary, issues, holding and outcome

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Parties

Republic

Respondent

David Benson & Kipkerich Kemei Chumo

Applicant

Procedural Posture

Criminal Case / Bail Application After Retrial Order

Legal Issues

  1. 1 Whether the accused is entitled to bail pending retrial for murder after conviction was quashed on technical grounds.
  2. 2 Whether there are compelling reasons to deny bail under Article 49(1)(h) of the Constitution.

Ratio Decidendi

The court found that although the accused has a constitutional right to bail, the seriousness of the offence (murder of two family members), the strength of the evidence as previously established, the gravity of the potential sentence, and the divided opinion among the accused's relatives regarding his release constitute compelling reasons to deny bail. The court also noted that the accused is receiving adequate medical treatment while in custody, and there is no evidence that his health needs cannot be met in prison. The technicality that led to the retrial did not affect the substance of the evidence or the seriousness of the charges. Therefore, in the interest of justice and public...

Court Disposition

application for bail disallowed

Orders

  • The application for bail is disallowed.
  • The accused shall remain in custody pending retrial.