[2021] KEHC 1461 (KLR)
The court held that while the accused is charged with the serious offence of murder, the Constitution guarantees the right to bail unless compelling reasons are shown. The court considered the seriousness of the charge and the potential sentence but found no compelling reasons to deny bail. The court also considered...
Source-derived case information.
- Citation
- [2021] KEHC 1461 (KLR)
- Parties
- Respondent: Republic; Applicant: Joshua Pamba Barasa
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E046 of 2021
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- bail granted with conditions
- Judges
- MM Kasango
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Presumption of Innocence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Joshua Pamba Barasa
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 the accused bail.
- 3 What conditions, if any, should be attached to the grant of bail.
Ratio Decidendi
The court held that while the accused is charged with the serious offence of murder, the Constitution guarantees the right to bail unless compelling reasons are shown. The court considered the seriousness of the charge and the potential sentence but found no compelling reasons to deny bail. The court also considered the accused's background and the need to ensure his attendance at trial. Accordingly, the court granted bail with stringent conditions, including a substantial bond amount and sureties, and a prohibition against interfering with witnesses, to balance the accused's constitutional rights with the interests of justice.
Court Disposition
bail granted with conditions
Orders
- Joshua Pamba Barasa is granted bond of Kshs.2 million with two sureties of similar amount.
- Joshua Pamba Barasa shall not interfere with the witnesses.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO. E046 OF 2021
BETWEEN
REPUBLIC...............................................PROSECUTOR
VERSUS
JOSHUA PAMBA BARASA............................ACCUSED
RULING
1. JOSHUA PAMBA BARASA, is charged with the offence of murder. He pleaded not guilty and by his application dated 30th September, 2021 he has applied to be released on released on bond/bail pending his trial.
2. Article 49(1)(h) provides for an arrested person to be released on reasonable conditions pending charge or trial unless there are compelling reasons not to be released.
3. The accused is facing a serious charge which has the potential sentence of death on conviction. The court in considering a bail application needs to bear in mind the offence the accused faces. This is what was stated in the case REPUBLIC VS. AHMED MOHAMMED OMAR & 6 OTHERS (2010) eKLR thus:-
“... whereas the applicant is still presumed innocent; if he were to be convicted for murder, there is a possibility that the trial court could sentence him to death. To my mind, therefore, the severity of the sentence remains a significant factor for consideration in an application for bail pending trial."
4. I have considered the pre-bail report which states that the accused comes from Busia Teso and was in the Kikuyu, Kiambu County area because of the work he did there. On being granted bail it is important for the accused to assure the court that he will attend court when required. This was the holding in of the case of REX VS. HAWKEN (1944) 2 DLR 116 as per Farriss C.J, thus:-
“The question of bail is sometimes misunderstood. When a man is accused he is nevertheless still presumed to be innocent and the object of keeping him in custody prior to trial is not on the theory that he is guilty but on the necessity of having him available for trial. It is proper that bail should be granted when the Judge is satisfied that the bail will ensure the accused appearing at his trial.”
5. Bearing in mind the above, I grant the following orders:-
(a) JOSHUA PAMBA BARASA is granted bond of Kshs.2 million with two sureties of similar amount.
(b) JOSHUA PAMBA BARASA shall not interfere with the witnesses.
6. Orders accordingly.
RULING DATED AND DELIVERED AT KIAMBU THIS 9TH DAY OF DECEMBER, 2021.
MARY KASANGO
JUDGE
Coram:
Court Assistant: Maurice
For DPP :- Ms. Kathambi
For Accused :- Mr. Ajulu
Accused : JOSHUA PAMBA BARASA:-
COURT
RULING delivered virtually.
MARY KASANGO
JUDGE