[2019] KEHC 1854 (KLR)
The court found that the accused is entitled to bail as a constitutional right under Article 49 of the Constitution of Kenya 2010. The court considered the pre-bail report and the fact that the prosecution did not present any compelling reasons to oppose bail. The seriousness of the offence, namely murder, was not...
Source-derived case information.
- Citation
- [2019] KEHC 1854 (KLR)
- Parties
- Respondent: Republic; Applicant: Julius Kipkemoi Rotich
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 12 of 2019
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- Application for bail allowed.
- Judges
- GMA Dulu
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Constitutional Rights, Murder Charge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Julius Kipkemoi Rotich
Applicant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under Article 49 of the Constitution of Kenya 2010.
- 2 Whether there exist compelling reasons to deny the accused bail.
Ratio Decidendi
The court found that the accused is entitled to bail as a constitutional right under Article 49 of the Constitution of Kenya 2010. The court considered the pre-bail report and the fact that the prosecution did not present any compelling reasons to oppose bail. The seriousness of the offence, namely murder, was not deemed a sufficient ground to deny bail. Therefore, the application for bail was allowed, subject to conditions to ensure the accused's attendance and non-interference with witnesses.
Court Disposition
Application for bail allowed.
Orders
- The accused may be released on signing his own bond of KES 300,000 with one surety of similar amount.
- In the alternative, the accused may be released on payment of cash bail of KES 200,000.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO.12 OF 2019
REPUBLIC.................................................................................PROSECUTION
VERSUS
JULIUS KIPKEMOI ROTICH.........................................................ACCUSED
RULING
1. The accused person herein stands charged with murder contrary to section 203 as read with section 204 of the Penal Code and has through his counsel Mr. Sang applied for bail pending trial.
2. The State through the Assistant Director of Public Prosecutions Mr. Ayodo has no objection to bail as they have no compelling reasons to oppose bail.
3. A pre-bail report dated 17th September 2019 prepared by Isaac Rotich, Probation Officer, Kericho suggests that the accused may be considered for bail pending trial.
4. Bail is a Constitutional right under Article 49 of the Constitution of Kenya 2010. It can only be denied if there exist compelling reasons to support that denial. The seriousness of the offence itself is not a compelling reason, as all arrested persons irrespective of the offence are entitled to bail.
5. On my part, having considered all the facts placed before me including the pre-bail report, I find no compelling reason to deny the accused bail.
6. I thus allow the application and order as follows:
a) The accused may be released on signing his own bond of kshs.300,000/- with one surety of similar amount.
b) In the alternative, he may be released on payment of cash bail of kshs.200,000/-.
c) He will not interfere with prosecution witnesses.
d) He will attend all mentions of the case and the hearing until the case is finalized.
Dated and delivered at Kericho this 27th day of November 2019.
George Dulu
JUDGE