[2019] KEHC 6204 (KLR)
The court found that the prosecution failed to provide any compelling reasons to deny the accused person bail, as required under Article 49(h) of the Constitution. Despite the serious nature of the charge (murder), the absence of a pre-bail report and the lack of any evidence or argument from the prosecution...
Source-derived case information.
- Citation
- [2019] KEHC 6204 (KLR)
- Parties
- Respondent: Republic; Applicant: Jacob Chesiro Boiyo
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 14 of 2019
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail_granted
- Legal Topics
- Bail, Compelling Reasons, Murder Charge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Jacob Chesiro Boiyo
Applicant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused person is entitled to bail pending trial for a murder charge.
- 2 Whether the prosecution has demonstrated compelling reasons to deny bail.
Ratio Decidendi
The court found that the prosecution failed to provide any compelling reasons to deny the accused person bail, as required under Article 49(h) of the Constitution. Despite the serious nature of the charge (murder), the absence of a pre-bail report and the lack of any evidence or argument from the prosecution justifying denial of bail meant the constitutional right to bail must be upheld. The court therefore granted bail on reasonable terms, emphasizing that the right to bail is only restricted where compelling reasons are demonstrated, which was not the case here.
Court Disposition
bail_granted
Orders
- The accused is released on bail of Kshs. 100,000 or an alternative bond of Kshs. 200,000 with a surety of like amount.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO. 14 OF 2019
REPUBLIC........................................................................PROSECUTOR
VERSUS
JACOB CHESIRO BOIYO.............................1ST ACCUSED PERSON
RULING
1. Bail is provided for in Article 49 of the Constitution. Article 49 (h) specifically that an accused person has the right-
(h) to be released on bond or bail, on reasonable conditions pending, a charge or trial, unless there are compelling reasons not to be released. [Emphasis mine]
2. In this case the accused person is charged with murder C/s 203 as read with section 204 of the Penal Code Cap 63 Laws of Kenya.
3. This Honourable Court on 30th January 2019 directed that a Pre-bail report be filed. It is now five months down the line and none has been filed.
4. In the circumstances, I find that no compelling reasons have been shown by the prosecution for which I can deny the accused person bail.
5. I therefore set the bail terms at Kshs. 100,000/= or an alternative bond of Kshs. 200,000/= with a surety of like amount.
Dated, signed and delivered in open court this 1st July 2019
F. GIKONYO
JUDGE
IN PRESENCE OF
Thangicia for accused
Namiti for state
F. GIKONYO
JUDGE