[2021] KEHC 7354 (KLR)
The court found that there were no compelling reasons presented by the prosecution to deny the accused bail. The social inquiry report was favourable, indicating that the accused was a law-abiding citizen with no prior antisocial conduct, and his family was supportive and willing to stand surety. The court concluded...
Source-derived case information.
- Citation
- [2021] KEHC 7354 (KLR)
- Parties
- Respondent: Republic; Defendant: Dominic Kiplangat Rotich
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E007 of 2020
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail_granted
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Murder Charge, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Dominic Kiplangat Rotich
Defendant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under Article 49 (i) (h) of the Constitution.
- 2 Whether there are compelling reasons to deny the accused bail.
Ratio Decidendi
The court found that there were no compelling reasons presented by the prosecution to deny the accused bail. The social inquiry report was favourable, indicating that the accused was a law-abiding citizen with no prior antisocial conduct, and his family was supportive and willing to stand surety. The court concluded that the constitutional right to bail under Article 49 (i) (h) should be upheld in the absence of compelling reasons to the contrary. Accordingly, the accused was granted bail on specified conditions.
Court Disposition
bail_granted
Orders
- The accused shall execute a personal bond of Kshs.300,000 and provide 2 sureties of a similar amount.
- The accused shall attend court whenever required and shall not impede the trial in any way.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BOMET
CRIMINAL CASE NO. E007 OF 2020
REPUBLIC..........................................................................................PROSECUTOR
VERSUS
DOMINIC KIPLANGAT ROTICH...........................................................ACCUSED
RULING
1. Dominic Kiplangat Rotich (Accused) is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code CAP 63 Laws of Kenya. The particulars of the offence are that on 18th day of December 2020 at Mokombet village within Bomet Central Sub-County, in Bomet County murdered Lydia Cherotich.
2. The Accused elected to remain silent and a plea of not guilty was entered by the court. His Counsel promptly applied to have the Accused released on bail pending trial. The court set the hearing date for the application and directed that the Accused be taken for psychiatric evaluation.
3. At the hearing of the application on 24th April 2020, Ms. Rotich for the Accused submitted that the bail information report was favourable to the Accused. She submitted that there were no compelling reasons for him to be denied bail.
4. On his part, Mr. Waweru for the State submitted that the Prosecution would rely on the bail information report.
5. I have considered the application. Under Article 49 (i) (h) of the Constitution an accused is entitled to bail pending trial unless there are compelling reasons. In this case, the Prosecution has not brought to the attention of the court any compelling reasons. The social inquiry report which both the prosecution and defence referred to has recommended that the Accused be released on bond. The report states that the deceased in the case was the daughter of the Accused. That the family members interviewed stated that the Accused was a law abiding citizen and there were no earlier reports of antisocial conduct. The report also states that the family members and in particular the wife of the Accused, were supportive of his release and were willing to stand surety for him.
6. In the circumstances therefore, there is no reason why the Accused should not be granted bail. He is released on the following conditions:-
(i) He shall execute a personal bond of Kshs.300,000/= and provide 2 sureties of a similar amount.
(ii) He shall attend court whenever required and shall not impede the trial in any way.
7. Orders accordingly.
Ruling delivered, dated and signed this 28th day of April, 2021.
R. LAGAT-KORIR
JUDGE
Ruling delivered in the presence of the Accused, Ms. Chepkemoi holding brief for Ms. Rotich for the Accused, Mr. Mureithi for the DPP, and Kiprotich (Court Assistant).