[2016] KEHC 768 (KLR)
The court found that the accused, charged with murder, is constitutionally entitled to bail unless compelling reasons are shown to deny it. The pre-bail probation report was favorable, describing the accused as of good character, and there was no evidence of risk to the accused from the victim's family. The...
Source-derived case information.
- Citation
- [2016] KEHC 768 (KLR)
- Parties
- Respondent: Republic; Applicant: Joseph Lekini Lekupuny
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 27 of 2016
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- Bail granted.
- Judges
- MM Kasango
- Legal Topics
- Bail Pending Trial, Presumption of Innocence, Compelling Reasons, Capital Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Joseph Lekini Lekupuny
Applicant
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for a charge of murder.
- 2 Whether there are compelling reasons to deny bail to the accused.
Ratio Decidendi
The court found that the accused, charged with murder, is constitutionally entitled to bail unless compelling reasons are shown to deny it. The pre-bail probation report was favorable, describing the accused as of good character, and there was no evidence of risk to the accused from the victim's family. The prosecution did not oppose the application. The court held that the seriousness of the offence and strength of evidence are not, by themselves, grounds to deny bail. Accordingly, the court exercised its discretion to grant bail, finding no compelling reasons to withhold it.
Court Disposition
Bail granted.
Orders
- The accused shall be released on bond of Kshs. 500,000 with two sureties of similar amount each.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL CASE NO. 27 OF 2016
REPUBLIC………..………………………………………PROSECUTOR
versus
JOSEPH LEKINI LEKUPUNY…………………………..…….ACCUSED
RULING
1. JOSEPH LEKINI LEKUPUNYhas in this case pleaded not guilty to the charge of murder contrary to section 203 as read with section 204 of the Penal Code. Pending his trial he has sought that he be granted bail pending trial.
2. The right to bail is a constitutional right. In the caseREPUBLIC V MUMUSH HIRBO FAJA (2014)eKLR the court stated thus:-
“Article 49(1)(h) provide that accused person is entitle to be released on bond /bail unless the prosecution has compelling reasons to the contrary. The right to bail is therefore not absolute and it is at the discretion of the court.
The right to bail does not depend in on whether or not the prosecution have strong evidence against the accused. The relevant constitutional provision does not classify offences that are bailable or not – Bail is open to all offences including capital offences. The basis of this right has a bearing on the presumption of innocence until proven guilty as provided for by Article 50(2)(a). The seriousness of the offence and the strength of the evidence is therefore, not a basis of denying the accused bail.”
3. The pre-bail probation report is favourable to the accused being released on bail. He is described as a father of two, married to two wives. He resides at Posta Makadara village and up to the date of his arrest in respect to the present case he was described as a person of good character. The victim’s family, although bitter about the loss of their kin, do not pose a threat to the accused if released on bail.
4. Learned Senior Principal Prosecuting Counsel Mr. Tanui did not oppose the bail application.
5. In view of the above the accused shall be released on bond of Kshs.500,000 with two sureties of similar amount each.
DATED AND DELIVERED THIS 19TH DAY OF DECEMBER 2016.
MARY KASANGO
JUDGE
CORAM:
Before Justice Mary Kasango
Court Assistant …...........................................................
Accused: Joseph Lekini Lekupuny ………..………...
For accused: …………………………………………….
For the State: ….................................................................
COURT
Ruling delivered in open court.
MARY KASANGO
JUDGE