[2015] KEHC 5266 (KLR)

Parties

Procedural Posture

Bail Application / Ruling on Bail Pending Trial

Legal Issues

1. 1 Whether the applicant is entitled to bail pending trial under Article 49(1)(h) of the Constitution of Kenya, 2010.
2. 2 Whether there are compelling reasons to deny the applicant bail in a murder case.
3. 3 What conditions, if any, should be imposed for the applicant's release on bail.

Ratio Decidendi

The court found that under Article 49(1)(h) of the Constitution of Kenya, 2010, the offence of murder is bailable and the applicant has a right to be released on bond or bail on reasonable conditions unless compelling reasons are shown. After considering the grounds advanced by both parties, the pre-bail report, and the circumstances of the case, the court was not satisfied that there were compelling reasons to deny the applicant bail. The court exercised its discretion in favour of the applicant, granting bail with specific conditions to ensure the applicant's attendance and security, and to address concerns raised by the State.

Court Disposition

application granted

Orders

• The accused is granted bond of Kshs.700,000 with one surety of similar sum or, in the alternative, cash bail of Kshs.500,000.
• Upon release, the accused shall report to OCS Isiolo Police Station every Friday until further orders of the court; in default, the OCS through DPP to inform the court for further orders.