[2024] KEHC 5159 (KLR)
The court held that the right to bail is constitutional and can only be denied for compelling reasons. In this case, the only reason advanced by the prosecution was the accused's safety due to community hostility. However, the accused had made arrangements for alternative accommodation away from the area of...
Source-derived case information.
- Citation
- [2024] KEHC 5159 (KLR)
- Parties
- Applicant: Republic; Respondent: Joel Emodo
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E004 of 2023
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Bail granted with conditions.
- Judges
- WM Musyoka
- Legal Topics
- Bail Pending Trial, Mental Health of Accused, Compelling Reasons for Bail, Conditions of Bail
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Joel Emodo
Respondent
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused is entitled to bail pending trial despite concerns for his safety due to hostility from the community.
- 2 Whether the existence of psychiatric challenges and subsequent improvement affects the accused's eligibility for bail.
- 3 Whether the prosecution has established compelling reasons to deny bail.
Ratio Decidendi
The court held that the right to bail is constitutional and can only be denied for compelling reasons. In this case, the only reason advanced by the prosecution was the accused's safety due to community hostility. However, the accused had made arrangements for alternative accommodation away from the area of hostility, and his brother was willing to stand surety. The court found that these arrangements sufficiently addressed the safety concerns raised by the prosecution. Therefore, there were no compelling reasons to deny bail, provided the accused resided away from his home area and preferably outside Busia County. The court thus granted bail with specific conditions to ensure the...
Court Disposition
Bail granted with conditions.
Orders
- The accused is admitted to a bond of Kshs. 350,000 with one surety of like amount.
- The accused shall reside away from his home area and preferably outside Busia County during the trial.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Emodo (Criminal Case E004 of 2023) [2024] KEHC 5159 (KLR) (17 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5159 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Case E004 of 2023
WM Musyoka, J
May 17, 2024
Between
Republic
Prosecution
and
Joel Emodo
Accused
Ruling
1. The accused herein was arraigned in court on 15th March 2023. It transpired that he had psychiatric challenges, and plea-taking was deferred, and he was committed to Mathare Mental and Teaching Hospital, on 20th March 2023. He was subsequently placed before me on 11th March 2024, after his condition got better, and plea was taken. He pleaded not guilty. Before I could consider admitting him to bond, the prosecution requested for a pre-bail report.
2. The probation office placed a pre-bail report in the file herein on 28th March 2024. It was favourable to the accused person, although it was indicated that the community at his home was still hostile, and his safety was not assured, and it was suggested that he finds alternative accommodation elsewhere.
3. His Advocate, Mr. Were, indicated that a brother of the accused had identified a place where he could reside, and that that same brother was the one to stand surety for him. He suggested that the admission to bond could be conditional to him staying away from the area around the home of the deceased. The prosecution, through Ms. Chepkonga, felt that, given that his safety was not assured, it probably would be prudent to have him remain in custody.
4. The right to bail/bond, pending trial, is a constitutional right. It can only be denied for compelling reasons. The only reason advanced, in this case, is that the security of the accused is not assured. But I am told arrangements have been made for him to stay away from the home area, where the crime was allegedly committed, and where he is likely to come into contact with the family of the victim.
5. My inclination is to grant bond, on condition that the accused finds residence or accommodation, during the duration of the trial, way away from the home area, where he could come into contact with the family of the victim of the alleged murder. Consequently, I admit the accused herein, to a bond of Kshs. 350,000. 00, with 1 surety of like amount. The accused shall have to find residence away from his home, and preferably outside of Busia County, for his own sake. Orders accordingly.
RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT BUSIA THIS 17TH DAY OF MAY 2024W MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.Mr. Fredrick Barasa Ongulu, Probation OfficerAdvocatesMrs. Chepkonga, instructed by the Director of Public Prosecutions, for the respondent.Mr. Were, Advocate for the accused person.