[2012] KEHC 1049 (KLR)
The court found that there were no compelling reasons to deny the 1st Accused his constitutional right to bail. The Probation Officer's Report was favourable, confirming the accused's strong family ties, stable residence, and absence of any factors suggesting he would abscond or interfere with witnesses. The State...
Source-derived case information.
- Citation
- [2012] KEHC 1049 (KLR)
- Parties
- Respondent: Republic; Applicant: John Sandee Soweto; Defendant: John Singer Simiyu; Defendant: Moses Simiyu Nyayo
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 82 of 2011
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- application for bail pending trial allowed
- Legal Topics
- Bail Pending Trial, Right to Bail, Compelling Reasons, Probation Report, Murder Charge
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
John Sandee Soweto
Applicant
John Singer Simiyu
Defendant
Moses Simiyu Nyayo
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the 1st Accused is entitled to bail pending trial under Article 49 of the Constitution of Kenya (2010).
- 2 Whether there are compelling reasons to deny the 1st Accused the right to bail.
Ratio Decidendi
The court found that there were no compelling reasons to deny the 1st Accused his constitutional right to bail. The Probation Officer's Report was favourable, confirming the accused's strong family ties, stable residence, and absence of any factors suggesting he would abscond or interfere with witnesses. The State did not oppose the application. The court was satisfied that the prevailing circumstances were conducive for the accused's release on bail, and thus allowed the application, admitting the 1st Accused to bail/bond in the sum of Kshs 500,000 with one surety of a similar amount.
Court Disposition
application for bail pending trial allowed
Orders
- The 1st Accused is admitted to bail/bond in the sum of Kshs 500,000 with one surety of a similar amount.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
High Court at Eldoret
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REPUBLIC.....................................................................................PROSECUTION
VERSUS
JOHN SANDEE SOWETO
JOHN SINGER SIMIYU
MOSES SIMIYU NYAYO.........................................................................ACCUSED
RULING
The Application is brought by way of Notice of Motion under the provisions of Article 49 of the Constitution of Kenya (2010) and Sections 66 and 125 (1) of the Criminal Procedure Code.
The Application is made by the 1st Accused person who has been charged with the offence of murder and is seeking to be admitted to bond with an alternative of cash bail.
The Applicant relies on the grounds on the face of the application and his Supporting Affidavit made on the 13th July, 2012.
The Applicant depones that he has been in custody since the 16th November 2011 and that he is married man with four (4) children and the family's sole bread winner.
The Applicant further depones that he is a Kenyan citizen domiciled in Kenya and resides at Munyaka Estate, Uasin Gishu County, within the Republic of Kenya.
He further avers and confirms that he is willing to abide by the terms and conditions of Bail set down by this court and prays that the application be allowed.
The Application was not opposed by the Learned Prosecuting Counsel for the State, Mr. Kabaka.
The court ordered that a Probation Officer's Report be prepared on the suitability of admitting the 1st Accused to Bail.
The Probation Report was tendered into court on the 15th October, 2011. After having perused the Report, this court finds the same to be favourable to the 1st Accused person.
The factors favourable to the 1st Accused is that the Report confirms that he is a family man, married and that he is blessed with four (x4) children.
The Probation Officer did not identify any compelling reasons to deny the 1st Accused his Constitutional right to Bail and confirmed that the prevailing circumstances on the ground were conducive for his release.
This court has heard the submissions of Counsel for the 1st Accused and Prosecuting Counsel for the State and has also perused the Probation Report and is persuaded that there are no compelling reasons to deny the 1st Accused the right to bail.
For the reasons stated above the application for Bail pending trial is hereby allowed.
The 1st Accused is hereby admitted to Bail/Bond in the sum of Kenya Shillings Five Hundred Thousand (Kshs 500,000/=) with one surety of a similar amount.
It is so ordered.
Dated and delivered at Eldoret this 25th day of October 2012
A.MSHILA
JUDGE