[2019] KEHC 1022 (KLR)
The court found that there were no compelling reasons to deny the accused bail, as the State did not oppose the application and the pre-bail report was favourable, indicating reconciliation between the families. The court emphasized the constitutional right to bail under Article 49(1)(h) and determined that the...
Source-derived case information.
- Citation
- [2019] KEHC 1022 (KLR)
- Parties
- Respondent: Republic; Applicant: Erick Kipkirui Chirchir alias Kipchoge
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 17 of 2019
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- application for bail allowed
- Judges
- GMA Dulu
- Legal Topics
- Bail Pending Trial, Murder Charge, Pre Bail Report, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Erick Kipkirui Chirchir alias Kipchoge
Applicant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there exist compelling reasons to deny the accused bail.
Ratio Decidendi
The court found that there were no compelling reasons to deny the accused bail, as the State did not oppose the application and the pre-bail report was favourable, indicating reconciliation between the families. The court emphasized the constitutional right to bail under Article 49(1)(h) and determined that the accused should be released on reasonable terms, subject to conditions to ensure attendance and non-interference with witnesses.
Court Disposition
application for bail allowed
Orders
- The accused will be released on signing bond of Kshs.300,000 with one surety of similar amount.
- In the alternative, the accused will be released on payment of cash bail of Kshs.200,000.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO.17 OF 2019
REPUBLIC.................................................................PROSECUTOR
VERSUS
ERICK KIPKIRUI CHIRCHIR alias KIPCHOGE........ACCUSED
RULING
1. Before me is an application dated 8th July 2019 filed by counsel M/s Onesmus Langat & Co. advocates for the accused person under section 124 and 357 (1) of the Criminal Procedure Code for bail pending trial.
2. The application is supported by an affidavit sworn on 8th July 2019 by the accused person in which it is deponed that though the accused is charged with murder, he ought to be released on reasonable bail pending the hearing and determination of his case, and that it might take too long to dispose of the case, and lastly that he is willing to abide by the terms and conditions given by the court.
3. This court ordered the filing of a pre-bail report which was prepared and filed by Daniel Ngetich a Probation Officer, Kericho Sub-County. The report concludes by stating that the two families had reconciled and that the accused may thus be released on bail.
4. Counsel for the accused Mr. Langat also orally urged the court to allow the application for bail. Mr. Ayodo for the State stated that they will be guided by the pre-bail report, but asked for strict bail terms as the offence charged is a serious offence.
5. Under Article 49 (1) (h) of the Constitution of Kenya 2010, every arrested person has a right to be released on reasonable bail terms unless there exist compelling reasons to deny him/her bail.
6. In the present case, the State does not oppose the grant of bail. The pre-bail report they rely upon is favourable. I also do not find any compelling reason for denial of bail.
7. I thus allow the application for bail and order as follows-
1) The accused will be released on signing bond of Kshs.300,000/- with one surety of similar amount.
2) In the alternative, he will be released on payment of cash bail of Kshs.200,000/-.
3) He will not interfere with prosecution witnesses.
4) He will attend all mentions of the case and the hearing until the case is finalized.
Dated and delivered at Kericho this 20th day of December 2019.
George Dulu
JUDGE