[2020] KEHC 4429 (KLR)

[2020] KEHC 4429 (KLR)

The court found that, although the Constitution guarantees the right to bail, this right is not absolute and may be limited where compelling reasons exist. The pre-bail report indicated that the accused's safety would be at risk if released, as the deceased's family remained bitter and the area Chief advised against release at this time. The court determined that the safety and security of the accused constituted a compelling reason to deny bail at present, but left open the possibility for a future application should circumstances change.

Citation
[2020] KEHC 4429 (KLR)
Parties
Applicant: Republic; Defendant: Gilbert K. Langat
Court
High Court
Court Station
High Court at Bomet
Jurisdiction
Kenya
Judgment Date
5 March 2020
Case Number
Criminal Case 17 of 2019
Procedural Posture
Criminal Case / Bail Application Ruling
Outcome
Bail denied at present; liberty to reapply if circumstances change.
Judges
GMA Dulu
Legal Topics
Bail and Bond, Compelling Reasons, Pre Bail Reports
Source Language
English
Criminal Law Bail and Bond Compelling Reasons Pre Bail Reports

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Republic

Applicant

Gilbert K. Langat

Defendant

Procedural Posture

Criminal Case / Bail Application Ruling

Legal Issues

  1. 1 Whether the accused is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
  2. 2 Whether there are compelling reasons to deny the accused bail at this stage.

Ratio Decidendi

The court found that, although the Constitution guarantees the right to bail, this right is not absolute and may be limited where compelling reasons exist. The pre-bail report indicated that the accused's safety would be at risk if released, as the deceased's family remained bitter and the area Chief advised against release at this time. The court determined that the safety and security of the accused constituted a compelling reason to deny bail at present, but left open the possibility for a future application should circumstances change.

Court Disposition

Bail denied at present; liberty to reapply if circumstances change.

Orders

  • The application for bail/bond is declined at this time.
  • The accused may reapply for bail/bond if circumstances change.