[2019] KEHC 8073 (KLR)
Although the prosecution did not oppose bail and presented no compelling reasons for its denial, the court considered the pre-bail report from the Probation Officer, which indicated ongoing animosity between the accused's and the victim's families, posing a risk to the accused's life if released. The court held that...
Source-derived case information.
- Citation
- [2019] KEHC 8073 (KLR)
- Parties
- Applicant: Republic; Defendant: Joylas Kipyegon Kemboi
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 37 of 2018
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail denied
- Judges
- GMA Dulu
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Right to Bail
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Joylas Kipyegon Kemboi
Defendant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there are compelling reasons to deny the accused bail.
Ratio Decidendi
Although the prosecution did not oppose bail and presented no compelling reasons for its denial, the court considered the pre-bail report from the Probation Officer, which indicated ongoing animosity between the accused's and the victim's families, posing a risk to the accused's life if released. The court held that safeguarding the life of the accused is a compelling reason to deny bail, as life, once lost, cannot be restored. Therefore, the application for bail was declined at this stage, with the possibility of reconsideration after key witnesses have testified or if circumstances change.
Court Disposition
bail denied
Orders
- The application for bail by the accused is declined at the present moment.
- The request for bail may be reconsidered after key witnesses have testified or if the situation changes.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
HIGH COURT CRIMINAL CASE NO. 37 OF 2018
REPUBLIC……………………………………………………..PROSECUTION
VERSUS
JOYLAS KIPYEGON KEMBOI………………....………………….ACCUSED
RULING
1. The accused stand charged with murder contrary to section203 as read with section 204 of the Penal Code.
2. He has pleaded not guilty and applied through defence counsel for bail pending trial. The prosecution does not oppose the grant of bail.
3. Under Article 49 (1) (h) of the Constitution of Kenya 2010, every arrested person is entitled to be released on bail/bond unless there are compelling reasons for denial of bond. The State has the primary duty of demonstrating to court the compelling reasons for denial of bail. They have no such compelling reasons in the present case.
4. This court has been provided with a pre bail report from the Probation Officer Kericho who has recorded that there still exists animosity between the two families, and that as such the accused’s life might be at risk if released on bail.
5. In my view protection of the life of the accused person is a compelling reason to deny him bail for his own good, because life once lost, cannot be revived.
6. In those circumstances, I decline to grant bail to the accused at the moment. The request for bail can be considered once key witnesses have testified in court, or the situation on the ground has changed.
7. The request for bail is thus declined at the present moment.
Dated, delivered and signed this 30th day of April 2019.
…………………………
George Dulu
JUDGE