[2014] KEHC 1489 (KLR)
The court found that the State did not oppose the application for bail and confirmed that there were no compelling reasons to deny the accused bail. With four witnesses already having testified and only two remaining, the court was satisfied with the evidence so far adduced and saw no reason to deny the accused the...
Source-derived case information.
- Citation
- [2014] KEHC 1489 (KLR)
- Parties
- Applicant: Republic; Defendant: Edwin Kiprotich Sang
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 6 of 2014
- Procedural Posture
- Criminal Case / Ruling on Bail Application Pending Trial
- Outcome
- application for bail allowed
- Judges
- HI Ong'udi
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Right to Bond, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Edwin Kiprotich Sang
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there are compelling reasons to deny the accused bail.
Ratio Decidendi
The court found that the State did not oppose the application for bail and confirmed that there were no compelling reasons to deny the accused bail. With four witnesses already having testified and only two remaining, the court was satisfied with the evidence so far adduced and saw no reason to deny the accused the opportunity to conduct his case while out on bond. Accordingly, the application for bail was allowed, and the accused was granted release upon signing a bond of KES 150,000 with a surety in a similar sum.
Court Disposition
application for bail allowed
Orders
- The accused may be released upon signing a bond of KES 150,000 with a surety in similar sum.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO. 6 OF 2014
REPUBLIC ………………………………..….........PROSECUTOR
VERSUS
EDWIN KIPROTICH SANG………………………......ACCUSED
RULING
This is the application for bond/bail pending the hearing and determination of this case. Its brought under Article 49(1) (h) and not 49(10) (H)of the Constitution. It is dated10th November, 2014.
Article 49(1) (h) provides:
“An arrested person has the right to be released on bond or bail on reasonable conditions, pending a charge or trial unless there are compelling reasons not to be released”
This case is part heard with four(4) witnesses having testified. There are only two (2) witnesses left. The State has confirmed that there are no compelling reasons to make them oppose the application. I am clear on the evidence so far adduced. I find no reason to make this court deny the accused an opportunity to conduct his case while out on bond. I allow the application. The accused may be released upon signing a bond of Shs. 150,000/- with a surety in similar sum.
Dated, signed and delivered this 28th day of November, 2014
H.I. ONG'UDI
JUDGE
In the presence of ;
M/S Keli for State
Mr. Koskei for accused
Accused
Korir – Court Assistant