[2024] KEHC 15714 (KLR)

Parties

Procedural Posture

Criminal Case / Ruling on Bail Pending Trial

Legal Issues

1. 1 Whether the accused is entitled to bail pending trial under Article 49(1)(h) of the Constitution and section 123A(1) of the Criminal Procedure Code.
2. 2 Whether the prosecution has established compelling reasons to deny bail to the accused.
3. 3 Whether the accused poses a flight risk or is likely to interfere with witnesses if released on bail.

Ratio Decidendi

The court found that the prosecution failed to establish compelling reasons to deny bail. The accused's alleged flight after the incident was not supported by the evidence, as he was arrested on the date of the alleged homicide and presented to court shortly thereafter. The delays in trial were attributed to the absence of defence counsel, not the prosecution or the accused's conduct. The pre-bail report recommended bail, and the victim's family did not oppose release, provided the accused did not interfere with witnesses. The court emphasized the constitutional presumption of innocence and the high threshold for denying bail. To mitigate any risk of flight or interference with witnesses,...

Court Disposition

Bail granted with stringent conditions.

Orders

• The accused may be released upon executing a cognizance in the sum of Kshs 500,000 with one surety of a similar sum, surety to be approved by the Deputy Registrar.
• Alternatively, the accused may post a cash bail of Kshs 700,000 with one contact person to be approved by the Deputy Registrar.