[2012] KEHC 1244 (KLR)
The court held that although the right to bail is constitutionally guaranteed, it is not absolute and may be limited where compelling reasons exist. Upon reviewing the arguments and the record, the court found that there is a real possibility that the 3rd Accused may abscond if released on bail. This assessment was...
Source-derived case information.
- Citation
- [2012] KEHC 1244 (KLR)
- Parties
- Respondent: Republic; Defendant: Hosea Makori; Defendant: Benjamin Nyabuto Sospeter; Applicant: Geoffrey Bosire Nyavetu alias Tom
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 12 of 2009
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- application for bail disallowed
- Legal Topics
- Bail Pending Trial, Right to Bail, Compelling Reasons for Denial
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Hosea Makori
Defendant
Benjamin Nyabuto Sospeter
Defendant
Geoffrey Bosire Nyavetu alias Tom
Applicant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the 3rd Accused is entitled to bail pending trial.
- 2 Whether there are compelling reasons to deny bail to the 3rd Accused.
Ratio Decidendi
The court held that although the right to bail is constitutionally guaranteed, it is not absolute and may be limited where compelling reasons exist. Upon reviewing the arguments and the record, the court found that there is a real possibility that the 3rd Accused may abscond if released on bail. This assessment was consistent with the earlier finding by Karanja J. The risk of absconding constituted a compelling reason to deny bail. Therefore, the application for bail pending trial was disallowed.
Court Disposition
application for bail disallowed
Orders
- Application for bail pending trial is disallowed.
- Proceedings to be typed and matter to be mentioned on 31/10/2012 for directions.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
High Court at Eldoret
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REPUBLIC.............................................................................PROSECUTION
VERSUS
1. HOSEA MAKORI
2. BENJAMIN NYABUTO SOSPETER
3. GEOFFREY BOSIRE NYAVETU alias TOM...........................ACCUSED
RULING:
The Application before this court is by way of Notice of Motion dated the 9th July, 2012.
The Applicant relied on the grounds on the face of the Application and on the Affidavit in support made by the Applicant on the 9th July, 2012.
The Applicant who is the 3rd Accused, herein is seeking for admission into bail pending trial.
The Applicant had previously applied for bail before the Honourable Karanja J but the same was denied and the Judge ruled that the application had not been made at the appropriate time.
The current application is also opposed by the State on the basis that the Applicant is likely to abscond.
Upon hearing the arguments of both Counsel for the 3rd Accused and the State and having perused the court record, this court also shares the sentiments of Karanja J that there is a possibility that the 3rd Accused may jump bail.
The right to Bail is a Constitutional right of the 3rd Accused irrespective of the offence committed, but this court is satisfied that there are compelling reasons, for the court to deny the 3rd Accused bail.
For the reasons stated above, the application is disallowed. The court orders that proceedings be typed and the matter be mentioned on the 31/10/2012 for directions.
It is so ordered.
Dated and Delivered at Eldoret this17th day of. October 2012.
A.MSHILA
JUDGE
Coram:
Before Hon. A Mshila J
CC: Andrew
Counsel for the Accused: Nyamweya for 3rd Accused.
Counsel for the State: Wainaina
3rd Accused: Present.
Language: Kiswahili
A.MSHILA
JUDGE