[2017] KEHC 1058 (KLR)

[2017] KEHC 1058 (KLR)

The court found that the Constitution of Kenya, 2010, guarantees the right to bail for all offences unless compelling reasons are established to deny such right. The State did not oppose the application, and the pre-bail report did not disclose any compelling reasons against the accused's release. The opposition...

Source-derived case information.

Citation
[2017] KEHC 1058 (KLR)
Parties
Respondent: Republic; Applicant: Francis Kimathi alias Faisal
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Judgment Date
22 November 2017
Case Number
Criminal Case 49 of 2017
Procedural Posture
Criminal Case / Bail Application Ruling
Outcome
Application for bail allowed.
Judges
F Gikonyo
Legal Topics
Bail Application, Murder Charge, Compelling Reasons, Pre Bail Report
Source Language
english
Criminal Law Bail Application Murder Charge Compelling Reasons Pre Bail Report

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Parties

Republic

Respondent

Francis Kimathi alias Faisal

Applicant

Procedural Posture

Criminal Case / Bail Application Ruling

Legal Issues

  1. 1 Whether the accused is entitled to bail pending trial for the offence of murder.
  2. 2 Whether there exist compelling reasons to deny the accused bail as per Article 49(1)(h) of the Constitution.

Ratio Decidendi

The court found that the Constitution of Kenya, 2010, guarantees the right to bail for all offences unless compelling reasons are established to deny such right. The State did not oppose the application, and the pre-bail report did not disclose any compelling reasons against the accused's release. The opposition from the deceased's family, while understandable, did not amount to a compelling legal reason. Therefore, in the absence of any compelling reason as required by Article 49(1)(h) of the Constitution, the court granted the accused bail on specified terms.

Court Disposition

Application for bail allowed.

Orders

  • The accused may be released on paying cash bail of Kshs. 100,000 or upon signing a personal bond of Kshs. 200,000 with a surety of a similar amount.