[2014] KEHC 329 (KLR)
The court found that the prosecution's reasons for opposing bail—namely, the alleged danger to the accused's life and the risk of absconding—were not sufficiently compelling to override the accused's constitutional right to bail. The court exercised its discretion in favour of granting bail, emphasizing that the...
Source-derived case information.
- Citation
- [2014] KEHC 329 (KLR)
- Parties
- Accused: Julius Bor Kipkurui; Prosecutor: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 6 of 2013
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- bond granted with conditions
- Legal Topics
- Bail and Bond, Murder Charges, Compelling Reasons, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Bor Kipkurui
Accused
Republic
Prosecutor
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny the accused bail as provided under Article 49(1)(h) of the Constitution.
Ratio Decidendi
The court found that the prosecution's reasons for opposing bail—namely, the alleged danger to the accused's life and the risk of absconding—were not sufficiently compelling to override the accused's constitutional right to bail. The court exercised its discretion in favour of granting bail, emphasizing that the accused is presumed innocent until proven guilty and that the prosecution did not provide concrete evidence of a real risk of absconding or interference with the course of justice. The court therefore released the accused on a personal bond with sureties, subject to conditions to ensure attendance at trial.
Court Disposition
bond granted with conditions
Orders
- The accused is released on a personal bond of KES 1,000,000 with two sureties of similar amount, to be approved by the Deputy Registrar.
- The accused must attend court on a monthly basis until the hearing and determination of the case.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISII
CRIMINAL CASE NO.6 OF 2013
REPUBLIC...........................................…PROSECUTOR
VERSUS
JULIUS BOR KIPKURUI................................ACCUSED
RULING
1. This is an oral application for bond by the accused person Julius Bor Kipkurui. He is charged with the offence of murder contrary to Section 203 as read together with Section 204 of the penal Code. It is alleged on 13th January, 2013 at Arare village within Mogor Location in Trans Mara District within Narok County in the Republic of Kenya he murdered Wilson Boi Kipngetich. He denies the charge.
2. The provision of article 49(1)(h) of the Constitution of Kenya makes most of the offences bailable, provided that there are no compelling reasons to deny bond. It is incumbent upon the prosecution to offer compelling reasons to guide the court. In the instance case, the state filed an affidavit on 9th May, 2013, the said affidavit is dated 7th May, 2013. Para. 8, the state avers that if released on bond, his own life will be in danger as the situation on the ground is volatile. In para.11, if released the temptation to abscond pending trial a real. Thus the state concludes that there are compelling reasons as to why the applicant should not be released on bail. That the court do exercise its discretion and deny the applicant bail so as the case may be heard and determined on basis of merit.
3. Accordingly, the court’s discretion will be to grant the accused bond . thus the accused is hereby released on personal bond of kshs. 1,000,000 with two sureties of similar amount. The same to be approved by the Deputy Registrar of this court.
4. Upon his release, the accused is to attend court on monthly basis until the hearing and determination of his case. Any one default, the bond will be cancelled forthwith and the sureties made to account. The first such mention to be on 16th January, 2015.
5. It is so ordered.
Ruling dated and delivered at KISII this 16th day of December, 2014
C.B. NAGILLAH,
JUDGE.
In the presence of:-
Kaburi for accused- no in for the applicant
Otieno for the state for the respondent
Edwin Mongare Court Clerk.