[2012] KEHC 1227 (KLR)
The court found that, although the Constitution provides a general right to bail, this right is not absolute. The court accepted the State's argument and the Probation Officer's findings that the situation on the ground was tense and volatile, with significant animosity between the deceased's family, the applicant,...
Source-derived case information.
- Citation
- [2012] KEHC 1227 (KLR)
- Parties
- Respondent: Republic; Applicant: James Kiprotich Bore
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 67 of 2012
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- bail application denied
- Legal Topics
- Bail Application, Compelling Reasons, Murder Charge, Right to Bail
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
James Kiprotich Bore
Applicant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the applicant is entitled to bail pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny the applicant bail under Article 49 of the Constitution.
Ratio Decidendi
The court found that, although the Constitution provides a general right to bail, this right is not absolute. The court accepted the State's argument and the Probation Officer's findings that the situation on the ground was tense and volatile, with significant animosity between the deceased's family, the applicant, and the community. The court took judicial notice of the acrimonious relationship between the community and Forest Guards, concluding that releasing the applicant on bail would endanger his life and the lives of other Forest Guards. These circumstances constituted compelling reasons to deny bail at this time. The court held that the applicant could make a fresh application for...
Court Disposition
bail application denied
Orders
- The application for bail is disallowed.
- The applicant may make a fresh application for bail when the situation normalizes.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
High Court at Eldoret
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REPUBLIC..........................................................................................PROSECUTOR
VERSUS
JAMES KIPROTICH BORE.......................................................................ACCUSED
RULING
The Applicant is a Forest Guard, who has been charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code.
Under the provisions of Article 49 of the Constitution of Kenya, 2010 any Accused person has a general right to bail irrespective of the offence committed.
The only reasons when bail can be denied are if there is a likelihood that the Accused may abscond, commit other offences or interfere with witnesses. The court may also deny bail where there are other compelling reasons.
After hearing the lengthy arguments and submissions of both Counsel and upon perusal of the Probation Officers Report this court concurs with the submissions of Counsel for the State and the finding of the Probation Officer that currently the situation on the ground is tense, volatile and that there is a lot of bad blood between the deceased's family and the Applicant.
This court also has judicial notice that the relationship between the community and the Forest Guards is acrimonious. To release the Applicant on Bail at this point in time will not only endanger the life of the Applicant but also the lives of the other Forest Guards based in the area the incident occurred.
When the tension and temperatures cool down, the Applicant is at liberty to make a fresh application for admission to bail.
For the reasons stated above, this court finds that there are compelling reasons to deny the Applicant admission to Bail and the application is therefore disallowed.
It is so ordered.
Dated and delivered at Eldoret this 1st day of November 2012.
A.MSHILA
JUDGE
Coram: Before Hon. A Mshila J
CC: Andrew
Counsel for the Applicant: Mokua
Counsel for the State: Wainaina
A.MSHILA
JUDGE