[2024] KEHC 15105 (KLR)
The court found that, although the Constitution guarantees the right to bail and presumption of innocence, the accused person has no fixed abode, as indicated in the pre-bail report. This lack of a permanent residence constitutes a compelling reason to deny bail, as it increases the risk that the accused may abscond...
Source-derived case information.
- Citation
- [2024] KEHC 15105 (KLR)
- Parties
- Applicant: Republic; Defendant: Omar Muhidin Hassan
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E006 of 2024
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Bail application rejected; accused to remain in custody.
- Judges
- AN Ongeri
- Legal Topics
- Bail Application, Flight Risk, Presumption of Innocence
- 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
Applicant
Omar Muhidin Hassan
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused person should be released on bond or bail pending trial.
- 2 Whether there are compelling reasons to deny bail to the accused person.
Ratio Decidendi
The court found that, although the Constitution guarantees the right to bail and presumption of innocence, the accused person has no fixed abode, as indicated in the pre-bail report. This lack of a permanent residence constitutes a compelling reason to deny bail, as it increases the risk that the accused may abscond and fail to attend trial. The court therefore determined that the risk of flight outweighed the constitutional presumption in favour of bail, and rejected the application for bond.
Court Disposition
Bail application rejected; accused to remain in custody.
Orders
- Application for bond is rejected.
- Case to be mentioned on 18th November 2024 for pre-trial conference and for a hearing date.
Full Case Text
Judgment text and source record
24 paragraphs
Republic v Hassan (Criminal Case E006 of 2024) [2024] KEHC 15105 (KLR) (7 November 2024) (Ruling)
Neutral citation: [2024] KEHC 15105 (KLR)
Republic of Kenya
In the High Court at Voi
Criminal Case E006 of 2024
AN Ongeri, J
November 7, 2024
Between
Republic
Prosecutor
and
Omar Muhidin Hassan
Accused
Ruling
1. I have considered the submissions by both the Defence Counsel and the Prosecuting Counsel in the bail application made by the Defence Counsel orally on behalf of the accused person.
2. I have also perused the pre-bail report filed by the Probation Officer dated 18th October 2024.
3. It states that the Accused person is a 34 years old man who was working as a farm hand man in Eldoro village at the material time of the alleged offence.
4. The report also states that his father is a Kamba from Kibwezi in Kenya but his mother is a Tanzanian who relocated to Tanzania where she got married. The Accused person was adopted and raised.
5. Article 49 of the Constitution of Kenya states that every offence is bailable except where there are compelling reasons NOT TO release an accused person on bond or bail.
6. It is also true that every accused person is presumed innocent until proved guilty.
7. However, in the current case, I find that the accused person has no fixed aboard and that is a compelling reason NOT to release him on bond since he is a potential flight risk.
8. I accordingly reject the application for bond and direct that the case be expedited.
9. Mention on 18th November 2024 for pre-trial conference and for a hearing date.
DATED, SIGNED AND DELIVERED THIS 7TH DAY OF NOVEMBER 2024 IN OPEN COURT AT VOI.ASENATH ONGERIJUDGEIn the presence of:-Prosecutor: Frank SirimaMaina – Court AssistantMr. Mosioma for the Accused Person