[2021] KEHC 1478 (KLR)
The court found that there were no compelling reasons presented to deny the accused bail. The prosecution did not oppose the application, and the only consideration was whether the accused would attend trial. The court, guided by Article 49(1)(h) of the Constitution and relevant case law, determined that the accused...
Source-derived case information.
- Citation
- [2021] KEHC 1478 (KLR)
- Parties
- Respondent: Republic; Applicant: George Amuke Okoyo
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E056 of 2021
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- bail granted
- Judges
- MM Kasango
- Legal Topics
- Bail Pending Trial, Right to Bail, Compelling Reasons, Attendance at Trial
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
George Amuke Okoyo
Applicant
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there are compelling reasons to deny the accused bail.
- 3 Whether the accused is likely to attend trial if released on bail.
Ratio Decidendi
The court found that there were no compelling reasons presented to deny the accused bail. The prosecution did not oppose the application, and the only consideration was whether the accused would attend trial. The court, guided by Article 49(1)(h) of the Constitution and relevant case law, determined that the accused should be granted bail as there was no evidence suggesting he would abscond or interfere with the trial process. The accused's medical condition and personal circumstances were also considered. Consequently, the court granted bail with conditions to ensure attendance and non-interference with witnesses.
Court Disposition
bail granted
Orders
- George Amuke Okoyo is granted bond of Kshs. 500,000 and one surety of similar amount.
- The accused shall not interfere with the prosecution’s witnesses.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO. E056 OF 2021
REPUBLIC..............................................................................................PROSECUTOR
VS
GEORGE AMUKE OKOYO..........................................................................ACCUSED
RULING
1. The accused is charged with the offence of murder contrary to Section 203 and 204 of the Penal Code. He pleaded not guilty to that offence and is awaiting his trial. He is seeking bail pending the conclusion of the trial.
2. The accused is a 42 year old man, a father and a husband.
3. The learned counsel for the accused submitted that the accused has a medical condition which requires special care and which might not be accorded in custody.
4. The prosecution did not oppose bail.
5. Article 49 (1) (h) of the Constitution 2010 provides for the right of an accused person to be released on bail. That provision is as follows:-
“An arrested person has the rightto be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.”
6. The primary consideration by the court when a bail application is made is, whether the accused will attend trial. This was reiterated in the case REPUBLIC VS. ROBERT ZIPPOR NZILU (2018) eKLR:-
“I associate myself with the view expressed byMuriithi, JinKELLY KASES BUNJIKA VS. REPUBLIC (supra) that:
‘It is clear that the primary consideration for bail is whether the accused will attend his trial for the charges facing him, and it must, therefore, be a compelling reason if it is demonstrated that “the accused person is likely to fail to attend court proceedings”. The question in this matter becomes whether there is, on a balance of probabilities evidence that the accused is likely to abscond.’”
7. In the present application no reasons have been presented that would lead to denial of bail.
8. Accordingly, I grant the following orders:-
a) GEORGE AMUKE OKOYOis granted bond of Kshs. 500,000/= and one surety of similar amount.
b) The accused shall not interfere with the prosecution’s witnesses.
RULING DATED AND DELIVERED AT KIAMBU THIS 8TH DAY OF DECEMBER, 2021.
MARY KASANGO
JUDGE
Coram:
Court Assistant : Maurice
For DPP :- Kathambi & Kasyoka
For Accused :- Mr. Kariuki Karanja
Accused : George Amuke Okoyo:-Present
COURT
RULING delivered virtually.
MARY KASANGO
JUDGE