[2018] KEHC 3820 (KLR)
The court found that the prosecution did not contest the application for bail and did not provide any evidence that the applicants are a flight risk or likely to interfere with witnesses. Applying Article 49(1)(h) of the Constitution, the court held that there were no compelling reasons to deny bail. The applicants...
Source-derived case information.
- Citation
- [2018] KEHC 3820 (KLR)
- Parties
- Respondent: Republic; Applicant: Joseph Takwa Kyalo; Applicant: Samuel Muthini Muasa
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 11 of 2018
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- application for bail allowed
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Flight Risk, Witness Interference
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Joseph Takwa Kyalo
Applicant
Samuel Muthini Muasa
Applicant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the applicants are entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there are compelling reasons to deny the applicants bail.
- 3 Whether the applicants are a flight risk or likely to interfere with witnesses.
Ratio Decidendi
The court found that the prosecution did not contest the application for bail and did not provide any evidence that the applicants are a flight risk or likely to interfere with witnesses. Applying Article 49(1)(h) of the Constitution, the court held that there were no compelling reasons to deny bail. The applicants were therefore entitled to be released on bond with reasonable conditions to ensure their attendance at trial and non-interference with witnesses.
Court Disposition
application for bail allowed
Orders
- Each accused person to be released on a bond of KShs. 1,000,000 with one surety of a similar amount.
- The accused persons shall not interfere with witnesses and must attend court whenever required.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MACHAKOS
CRIMINAL CASE NO. 11 OF 2018
REPUBLIC.........................................RESPONDENT
VERSUS
1. JOSEPH TAKWA KYALO
2. SAMUEL MUTHINI MUASA........APPLICANTS
RULING
1. The Applicants have filed a notice of motion dated 19th July, 2018 seeking bail/bond pending trial. The grounds upon which the application was made was that they are married with children and established homes and that they are willing to comply with the conditions the court shall set for bond. That there is no compelling reason to warrant denial of bail.
2. The substantive law on grant of bail is found under Article 49 (1) (h) of the Constitution which states:
“An arrested 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)
3. Applying the test, this court ought to consider whether or not the Applicant is a flight risk or is likely to interfere with the witnesses. In the case at hand, the prosecution has not contested the motion or any evidence tendered that the applicants are a flight risk or are likely to interfere with the witnesses. In the circumstances I am inclined to allow the application on the following terms.
a. Each accused person be released on a bond of KShs. 1,000,000/- with one surety of a similar amount.
b. The accused persons shall not in any manner interfere with witnesses and must attend court whenever required to do so.
c. The accused persons shall not leave the jurisdiction of this court without this court’s prior permission.
d. In the event of default to observe the terms of bond, the same shall stand cancelled and the sureties called to account.
It is so ordered.
Dated and Delivered at Machakos this 4th day of October, 2018.
D.K.KEMEI
JUDGE
In the presence of:-
Langalanga - for the Applicants
Machogu - for the Respondents
Josephine - Court Assistant