[2015] KEHC 3625 (KLR)
The court found that there were no compelling reasons presented by the State or otherwise to deny the accused persons their constitutional right to bond. The State did not oppose the application, and no evidence was adduced to suggest that the accused should be denied bond. Accordingly, the court granted each...
Source-derived case information.
- Citation
- [2015] KEHC 3625 (KLR)
- Parties
- Applicant: Republic; Respondent: Dominic Kirui Kiprotich; Respondent: Victor Cheruiyot Yegon
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 3 of 2015
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- application for bond granted
- Judges
- HI Ong'udi
- Legal Topics
- Bail and Bond, Pretrial Release, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Dominic Kirui Kiprotich
Respondent
Victor Cheruiyot Yegon
Respondent
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether the accused persons are entitled to be released on bond pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there are compelling reasons to deny the accused persons bond.
Ratio Decidendi
The court found that there were no compelling reasons presented by the State or otherwise to deny the accused persons their constitutional right to bond. The State did not oppose the application, and no evidence was adduced to suggest that the accused should be denied bond. Accordingly, the court granted each accused person bond as provided for under Article 49(1)(h) of the Constitution.
Court Disposition
application for bond granted
Orders
- Each accused is granted a bond of KES 250,000 with a surety in similar sum.
- If released on bond, the Deputy Registrar to give mention dates to the accused.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
CRIMINAL CASE NO. 3 OF 2015
REPUBLIC......................................................PROSECUTOR
VS
DOMINIC KIRUI KIPROTICH..............................1ST ACCUSED
VICTOR CHERUIYOT YEGON----------------------------------------2ND ACCUSED
RULING
The Accused/Applicants filed the Notice of Motion dated 5th June 2015 seeking to be released on bond pending the hearing of this case.
They have brought the application under Article 49 (1) (h)of the Constitution. The Application is supported by the Grounds, accused's affidavits & further affidavits by their fathers.
The State has not filed any response to the Application. It has also submitted that it does not oppose the Application.
I therefore find that there are no compelling reasons raised to make this Court to deny the accused persons released on bond as enshrined in the Constitution.
I therefore grant each accused a bond of Shs.250,000/= with a surety in similar sum.
If released on bond the Deputy Registrar must give the accused mention dates. Otherwise there shall be a mention on 15/10/15 for fixing a hearing date.
Remanded in custody.
Dated, Signed and Delivered in open Court this 23rd day of July, 2015.
H.I. ONG'UDI
JUDGE
In the presence of:
M/s Kivali for state.
Mr. Mutai Julius for accused – present.
Both accused – Present in person.
Hillary/Robert Cheruiyot – Court Assistants.
Interprates: English/Kipsigis.