[2016] KEHC 516 (KLR)
The court found that the accused is presumed innocent until proven guilty and that the primary purpose of bail is to secure his attendance at trial. The pre-bail report indicated that the accused is of good character, has no prior criminal record, enjoys the support of his family and the local administration, and...
Source-derived case information.
- Citation
- [2016] KEHC 516 (KLR)
- Parties
- Defendant: Fredrick Ngetich Some; Applicant: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 28 of 2016
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail_granted
- Judges
- MM Kasango
- Legal Topics
- Bail Pending Trial, Presumption of Innocence, Murder Charge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Ngetich Some
Defendant
Republic
Applicant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused should be released on bail pending trial for a murder charge.
- 2 Whether the accused is likely to attend trial if released on bail.
Ratio Decidendi
The court found that the accused is presumed innocent until proven guilty and that the primary purpose of bail is to secure his attendance at trial. The pre-bail report indicated that the accused is of good character, has no prior criminal record, enjoys the support of his family and the local administration, and has stable employment and a family home. The prosecution did not oppose the application, and the victim’s family supported bail. The court was satisfied that the accused would attend his trial if released. Therefore, there were no compelling reasons to deny bail, and the accused was entitled to be released on reasonable terms.
Court Disposition
bail_granted
Orders
- The accused shall be released on bond of Kshs. 500,000 with two sureties of similar amount.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
CRIMINAL CASE NO. 28 OF 2016
REPUBLIC...........................................................PROSECUTOR
versus
FREDRICK NGETICH SOME......................................ACCUSED
RULING
1. The accusedFREDRICK NGETICH SOMEhas applied that he be release on bail pending trial of a murder charge. He pleaded not guilty to that charge of murder and is now awaiting his trial.
2. The pre bail probation report records that accused is a 26 years old young man who is described by his family and the local administration of Kinamba Location as a well behaved person who has not involved himself with criminal activity before the present charge. The victim’s family supports accused’s release on bail. He has a job at a bookshop.
3. The bail application was not opposed by Senior Principal Prosecution Counsel Mr. Tanui. Mr. Tanui request the court to grant bail on reasonable terms.
4. The accused is entitled to be released on bail under article 49(1)(h) of the constitution. In this regard the finding in the case Farris C. J. in REX V HAWKEN (1944) 2 DLR 116 is relevant, where it was held:-
“The question of bail is sometimes misunderstood. When a man is accused he is nevertheless still presumed to be innocent and the object of keeping him in custody prior to trial is not on the theory that he is guilty but on the necessity of having him available for trial. It is proper that bail should be granted when the judge is satisfied that the bail will ensure the accused appearing at his trial.”
I am satisfied as per the pre bail report that accused will appear for the hearing of his trial. He has a stable family home.
5. Accordingly the accused shall be released on bond of Kshs.500,000 with two surety of similar amount.
DATED AND DELIVERED THIS 19TH DAY OF DECEMBER 2016.
MARY KASANGO
JUDGE
CORAM:
Before Justice Mary Kasango
Court Assistant …..............................................
Accused: Fredrick Ngetich Some ………..………
For accused: …………………………………………
For the State: ….....................................
COURT
Ruling delivered in open court.
MARY KASANGO
JUDGE