[2011] KEHC 1925 (KLR)
The court found that the 2nd accused was entitled to bail as a constitutional right under Article 49(1)(h) of the Constitution of Kenya. The State did not oppose the application nor provide any compelling reasons to deny bail. The pre-bail report confirmed the accused's stable employment, fixed residence, and strong...
Source-derived case information.
- Citation
- [2011] KEHC 1925 (KLR)
- Parties
- Applicant: Republic; Respondent: Peter Bada Karisa
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 9 of 2009
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- application_allowed
- Legal Topics
- Bail Application, Pretrial Release, Compelling Reasons, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Peter Bada Karisa
Respondent
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the 2nd accused is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there exist compelling reasons to deny the 2nd accused bail.
Ratio Decidendi
The court found that the 2nd accused was entitled to bail as a constitutional right under Article 49(1)(h) of the Constitution of Kenya. The State did not oppose the application nor provide any compelling reasons to deny bail. The pre-bail report confirmed the accused's stable employment, fixed residence, and strong community ties, reducing the risk of absconding or interference with witnesses. Most witnesses had already testified, further minimizing the risk of interference. Accordingly, the court allowed the application and admitted the accused to bail with specified terms.
Court Disposition
application_allowed
Orders
- The 2nd accused is admitted to bail in the sum of Kshs. 400,000 with two Kenyan sureties of like sum.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 9 OF 2009
REPUBLIC ……………………………….......……………. PROSECUTION
=VERSUS=
DAVID MOMANYI MATHEWS………...........….….…… 1ST ACCUSED
PETER BADA KARISA …………………....………...….… 2ND ACCUSED
RULING
The 2nd Accused PETER BADA KARISA has through his advocate Ms. Maithya applied to be released on bail during the pendancy of his trial. The right of all suspects to bail is enshrined in Article 49(1) (h) of the Constitution of Kenya. Mr. Onserio the learned State Counsel did not oppose the application. More importantly the State did not advance any ‘compelling reason’ why the accused ought not be released on bail. I have considered the pre-bail report filed by the Probation Department. The accused was gainfully employed before his arrest and has a known fixed abode. He is well known in his local area and his family all reside there. I find no likelihood that the accused will interfere with witnesses as already the majority of witnesses have testified. I therefore allow this application and admit the accused to bail in terms of Kshs.400,000/- + two Kenyan sureties of like sum.
Read in open court
M. ODERO
JUDGE
1. 7.2011
In the presence of:
Ms. Maithya for Accused 1
Mr. Mushelle for Accused 2