[2016] KEHC 1609 (KLR)
The court found that there were no compelling reasons presented to justify denying the accused bail. The objections raised by the deceased's father were based on fear of absconding or interference with witnesses, but these were not substantiated by evidence. The Investigating Officer and the State did not oppose the...
Source-derived case information.
- Citation
- [2016] KEHC 1609 (KLR)
- Parties
- Respondent: Republic; Applicant: Elias Settiler
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 14 of 2015
- Procedural Posture
- Criminal Case / Ruling on Bail Application Pending Trial
- Outcome
- application for bail allowed
- Judges
- RPV Wendoh
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Presumption of Innocence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Elias Settiler
Applicant
Procedural Posture
Criminal Case / Ruling on Bail Application Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under 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 to justify denying the accused bail. The objections raised by the deceased's father were based on fear of absconding or interference with witnesses, but these were not substantiated by evidence. The Investigating Officer and the State did not oppose the application, and the pre-bail report reflected mixed community views. The court emphasized that the accused's constitutional right to bail should not be curtailed unless compelling reasons exist, and the primary consideration is the likelihood of the accused attending trial. As no such reasons were disclosed, the application for bail was allowed.
Court Disposition
application for bail allowed
Orders
- The accused is granted bond of KShs. 200,000 with one surety of like amount or cash bail of KShs. 60,000.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO. 14 OF 2015
REPUBLIC..............................PROSECUTOR
VERSUS
ELIAS SETTILER...........................ACCUSED
RULING
Elias Settilerfaces a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code.
He prays to be released on bond pending the trial vides an application dated 26/7/2016. He has deponed that he has been advised by his Counsel that he has a Constitutional right to bond, because he is presumed innocent till proved otherwise; that he is willing to abide by all the conditions that the court may impose on him; that he is a Kenyan with a fixed place of abode and will attend court as will be required of him.
The application was not opposed by the State. Cpl. Job Ondieki the Investigations Officer, wrote a letter to court dated 18/8/2016 indicating that there are no compelling reasons to warrant the accused to be denied bond.
The court called for a pre-bail report in which the deceased’s father is said to have vehemently objected to the release of the accused on bond for fear of him absconding or interfering with witnesses. The report however, states that there are mixed feelings from the community as to whether the accused should be released on bond or not.
The offence was committed in 2014 and whereas the court understands the deceased’s father’s loss, yet the emotions should have settled by now and the accused’s right to bail should not be curtailed unless there are compelling reasons to do so. The primary consideration in an application for bond is whether the accused will attend the court for his trial. I find that there are no disclosed compelling reasons to deny the accused bond.
I allow the application and grant the accused bond of KShs.200,000/= plus one surety of like amount or cash bail of Kshs.60,000/=.
DATED, SIGNED AND DELIVERED THIS 7TH NOVEMBER, 2016.
R.P.V. WENDOH
JUDGE
7/11/2016
PRESENT
Mr. Mulochi for State
Mr. Igweta Holding Brief for Mr. Kogora for Accused
Ibrahim/Peninah, Court Assistants
Present, Accused