[2019] KEHC 54 (KLR)
The court found that the accused, though charged with murder, is constitutionally entitled to bail unless compelling reasons are shown. The prosecution did not oppose bail and no compelling reasons were presented. The pre-bail report recommended consideration for bail. The court, therefore, allowed the bail...
Source-derived case information.
- Citation
- [2019] KEHC 54 (KLR)
- Parties
- Respondent: Republic; Applicant: Geoffrey Cheruiyot Koskei
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 1 of 2019
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Bail granted to the accused on specified terms.
- Judges
- GMA Dulu
- Legal Topics
- Bail Application, Murder Charge, Pre Bail Report, Compelling Reasons, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Respondent
Geoffrey Cheruiyot Koskei
Applicant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for a murder charge.
- 2 Whether there are compelling reasons to deny the accused bail.
Ratio Decidendi
The court found that the accused, though charged with murder, is constitutionally entitled to bail unless compelling reasons are shown. The prosecution did not oppose bail and no compelling reasons were presented. The pre-bail report recommended consideration for bail. The court, therefore, allowed the bail application and set reasonable conditions for release, emphasizing the accused's obligation not to interfere with witnesses and to attend all court proceedings.
Court Disposition
Bail granted to the accused on specified terms.
Orders
- The accused may be released on signing his own bond of Kshs.200,000 with one surety of similar amount.
- Alternatively, the accused may be released on payment of cash bail of Kshs.300,000.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BOMET
CRIMINAL CASE NO. 1 OF 2019
REPUBLIC..........................................PROSECUTOR
-VERSUS-
GEOFFREY CHERUIYOT KOSKEI......ACCUSED
RULING
1. The accused through Counsel Mr. Kipngetich has applied to be released on bond through an oral request. The Principal prosecuting Counsel Mr. Murithi does not object to the accused being released on bail.
2. Under Article 49(1) (h) of the Constitution of Kenya 2010, all arrested persons in Kenya are entitled to be released on bail subject to reasonable conditions irrespective of the offence unless there are compelling reasons to deny them bail.
3. The accused is charged with murder, but he is entitled to bail. A pre-bail report done by Ezekiel Lagat a Probation Officer on 5th November, 2019 was filed. The recommendation is that the accused may be considered for bail.
4. The prosecution does not oppose bail nor have they indicated the existence of compelling reasons. I do not myself find any compelling reasons to justify denying the accused bail.
5. I thus allow the request for bail and order as follows:-
1. The accused may be released on signing his own bond of kshs.200,000/= with one surety of similar amount.
2. In the alternative, he may be released on payment of cash bail of Kshs.300,000/=.
3. He will not interfere with prosecution witnesses.
4. He will attend every court hearing and mention date of the case until the case is finalized.
Dated and delivered this 7th November 2019.
GEORGE DULU
JUDGE
7/11/2019