[2020] KEHC 9095 (KLR)
The court found that the initial denial of bail to the 1st accused was based on the prosecution's objection due to concerns of flight risk. Upon the prosecution's subsequent lack of opposition to the bail application, the court presumed that the state no longer considered the 1st accused a flight risk. In the...
Source-derived case information.
- Citation
- [2020] KEHC 9095 (KLR)
- Parties
- Applicant: Republic; Defendant: Francis Muse alias Moi alias President; Defendant: Reuben Ashimbundu Shitambachi; Defendant: Brian Shitambachi Mukambisa alias Baba
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 49 of 2019
- Procedural Posture
- Criminal Case / Bail Revision Application
- Outcome
- application for revision of bail order allowed; 1st accused admitted to bail
- Judges
- DN Musyoka
- Legal Topics
- Bail Application, Flight Risk, Compelling Reasons, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Francis Muse alias Moi alias President
Defendant
Reuben Ashimbundu Shitambachi
Defendant
Brian Shitambachi Mukambisa alias Baba
Defendant
Procedural Posture
Criminal Case / Bail Revision Application
Legal Issues
- 1 Whether the 1st accused should be admitted to bail after initial denial on grounds of being a flight risk.
- 2 Whether the absence of opposition from the state removes compelling reasons to deny bail.
Ratio Decidendi
The court found that the initial denial of bail to the 1st accused was based on the prosecution's objection due to concerns of flight risk. Upon the prosecution's subsequent lack of opposition to the bail application, the court presumed that the state no longer considered the 1st accused a flight risk. In the absence of compelling reasons to deny bail, and in line with constitutional principles and parity with co-accused, the court ordered that the 1st accused be admitted to bail on terms similar to those previously set for the 2nd and 3rd accused.
Court Disposition
application for revision of bail order allowed; 1st accused admitted to bail
Orders
- The 1st accused, Francis Muse alias President, is admitted to bail on terms similar to those given to the 2nd and 3rd accused on 31st October 2019.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CRIMINAL CASE NO. 49 OF 2019
REPUBLIC...........................................DIRECTOR OF PUBLIC PROSECUTIONS
VERSUS
FRANCIS MUSE alias MOI alias PRESIDENT..................................1ST ACCUSED
REUBEN ASHIMBUNDU SHITAMBACHI.......................................2ND ACCUSED
BRIAN SHITAMBACHI MUKAMBISA alias ..BABA......................3RD ACCUSED
RULING
1. On 31st October 2019 I admitted the 2nd and 3rd accused persons to bail. I denied the 1st accused bail, primarily on grounds that the same had been opposed by the state, who feared that he was a flight risk.
2. The 1st accused has come back to court by way of a Motion dated 1st November 2019, seeking revision of the order that denied him bail.
3. The application came up for hearing on 9th December 2019. The state did not oppose it.
4. I shall presume that the state no longer considers the 1st accused person a flight risk. That would mean that there are no compelling reasons to deny him bail. In the circumstances I shall order that the 1st accused person, Francis Muse alias President, be admitted to bail on terms similar to those given to the 2nd and 3rd accused on 31st October 2019.
5. It is so ordered
DELIVERED DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 17th DAY OF January, 2020
W MUSYOKA
JUDGE