[2015] KEHC 5769 (KLR)
The court found that bail is a constitutional right and that the State failed to provide any compelling reason to deny the accused bail. The pre-bond report was favourable to the accused, and there was no evidence presented to suggest that the accused would abscond or interfere with the trial. Therefore, the...
Source-derived case information.
- Citation
- [2015] KEHC 5769 (KLR)
- Parties
- Applicant: Republic; Defendant: Derick Makori Simion
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 6 of 2014
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Application for bail pending trial allowed.
- Judges
- J Wakiaga
- Legal Topics
- Bail Pending Trial, Right to Bail, Compelling Reasons for Bail, Pre Bond Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Derick Makori Simion
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused is entitled to bail pending trial.
- 2 Whether the State has provided compelling reasons to deny bail.
Ratio Decidendi
The court found that bail is a constitutional right and that the State failed to provide any compelling reason to deny the accused bail. The pre-bond report was favourable to the accused, and there was no evidence presented to suggest that the accused would abscond or interfere with the trial. Therefore, the application for bail pending trial was allowed, subject to specific terms and conditions to ensure the accused's attendance and compliance with court processes.
Court Disposition
Application for bail pending trial allowed.
Orders
- Accused to be released on bond of Kshs.500,000 with three sureties of similar amount.
- Accused to attend mention before the Deputy Registrar once every 30 days, starting 20/4/2015, with subsequent dates to be set by the Deputy Registrar.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 6 OF 2014
REPUBLIC …........................................................................................ PROSECUTOR
VERSUS
DERICK MAKORI SIMION …............................................................................ ACCUSED
RULING
Bail is now a constitutional right of every accused person and can only be denied upon compelling reason being advanced by the State.
The State through Mr. Majale has offered no compelling reason to deny the accused bond.
The pre-bond report requested by this court is also in favour of the accused being released on bond.
I would therefore allow the application for bond pending trial upon the following terms:-
Bond of Kshs.500,000/= with three (3) sureties of similar amount.
The accused person to attend mention before the D/R of this court once after every 30 days with the first such mention being 20/4/2015 and thereafter at dates to be given by the said D/R.
The accused person shall not leave the jurisdiction of this court during the period of trial without written consent of his Area Chief which consent must be filed in court and approved by the D/R before any such travel.
Dated and signed at Kisii this 18th day of March 2015.
J. WAKIAGA
JUDGE
18/3/2015
In the presence of:-
Mr. Majale for the State
Mr. Okenye for the Accused
Accused present