[2020] KEHC 4640 (KLR)

[2020] KEHC 4640 (KLR)

The court found that, although the accused has a constitutional right to bail, the safety and security of the accused person is paramount. The pre-bail report indicated that the deceased's family remained bitter and that the local chief advised against releasing the accused at this time. The court determined that...

Source-derived case information.

Citation
[2020] KEHC 4640 (KLR)
Parties
Respondent: Republic; Applicant: 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
Outcome
bail_denied
Judges
GMA Dulu
Legal Topics
Bail and Bond, Compelling Reasons, Pre Bail Report, Right to Bail
Source Language
english
Criminal Law Bail and Bond Compelling Reasons Pre Bail Report Right to Bail

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Summary, issues, holding and outcome

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Parties

Republic

Respondent

Gilbert K. Langat

Applicant

Procedural Posture

Criminal Case / Bail Application

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 accused has a constitutional right to bail, the safety and security of the accused person is paramount. The pre-bail report indicated that the deceased's family remained bitter and that the local chief advised against releasing the accused at this time. The court determined that the risk to the accused's safety constitutes a compelling reason to deny bail at present, but left open the possibility for a future application should circumstances change.

Court Disposition

bail_denied

Orders

  • The application for bail/bond is declined at present.
  • A fresh application for bail/bond may be made if circumstances change.