[2013] KEHC 1963 (KLR)
The court found that Article 49 of the Constitution guarantees the right to bail unless compelling reasons are provided by the prosecution. In this case, the prosecution expressly stated that there were no compelling reasons to oppose the application. The court, therefore, had no basis to deny the accused his...
Source-derived case information.
- Citation
- [2013] KEHC 1963 (KLR)
- Parties
- Respondent: Republic; Applicant: Dennis Kiprotich Langat
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 47 of 2012
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- application for bail granted
- Legal Topics
- Bail Pending Trial, Right to Bail, Compelling Reasons, Murder Charge
- 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
Dennis Kiprotich Langat
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 of the Constitution.
- 2 Whether the prosecution has provided compelling reasons to deny bail.
Ratio Decidendi
The court found that Article 49 of the Constitution guarantees the right to bail unless compelling reasons are provided by the prosecution. In this case, the prosecution expressly stated that there were no compelling reasons to oppose the application. The court, therefore, had no basis to deny the accused his constitutional right to bail. The accused was accordingly admitted to bail pending trial on the specified terms.
Court Disposition
application for bail granted
Orders
- The accused Dennis Kiprotich Langat is admitted to bail/bond.
- The accused shall be released from custody pending trial upon signing a bond of Kshs.300,000 with one surety of like sum.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO. 47 OF 2012
REPUBLIC........................................................PROSECUTOR
VERSUS
DENNIS KIPROTICH LANGAT...............................ACCUSED
RULING
Pursuant to the provisions of Article 49 of the Constitution, Dennis Kiprotich Langat, the accused person herein, took out the Motion dated 12th September 2013, in which he applied to be admitted to bail/bond pending trial. The accused swore an affidavit in support of the Motion. Mr. Mutai learned Senior Principal Prosecution counsel informed this court that the office of the Director of Public Prosecutions did not intend to oppose the application since there were not compelling reasons to sustain such an objection.
I have carefully considered the grounds set out on the face of the Motion and the facts deponed in the supporting affidavit. To begin with, the applicant is before this court on the information of the Director of Public Prosecutions dated 7th December 2012 to face a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence are that on 2nd December 2012, at Choronok Village, Menet sub-location, Kiromwok location Bomet County, the accused is alleged to have murdered Anderson Kibet Korir. The accused pleaded not guilty to the offence and the trial is yet to commence. The accused is now praying to be released on bond pending trial. Article 49 of the Constitution is quite explicit that an accused person is entitled to be released on reasonable bond terms pending trial unless the prosecution provides compelling reasons justifying denial of such a right. The prosecution has stated that they have no compelling reasons to cause this court deny the accused person his constitutional right. This court has no reason at all to deny the accused the orders sought. I hereby order that the accused Dennis Kiprotich Langat be admitted to bail/bond. Consequently he should be released from custody pending trial upon signing a bond of Kshs.300,000 with one surety of like sum.
Dated, Signed and delivered this 4th day of October 2013.
J.K.SERGON
JUDGE