[2016] KEHC 2874 (KLR)
The court found that the probation assessment report described the applicant as a person of good character and active in communal activities, with the only concern being the fear of absconding expressed by the deceased's relative. The court held that this fear alone did not amount to a compelling reason under...
Source-derived case information.
- Citation
- [2016] KEHC 2874 (KLR)
- Parties
- Respondent: Republic; Applicant: Sileti Porshorio; Defendant: Justus Letunai Letialo
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 3 of 2016
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- bail granted with conditions
- Judges
- MM Kasango
- Legal Topics
- Bail Pending Trial, Murder Charge, Compelling Reasons, Constitutional Rights, Probation Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Sileti Porshorio
Applicant
Justus Letunai Letialo
Defendant
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the applicant Sileti Porshorio should be granted bail pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny bail as required under Article 49 of the Constitution.
Ratio Decidendi
The court found that the probation assessment report described the applicant as a person of good character and active in communal activities, with the only concern being the fear of absconding expressed by the deceased's relative. The court held that this fear alone did not amount to a compelling reason under Article 49 of the Constitution to deny bail. Therefore, the applicant was entitled to bail, but given the seriousness of the charge, stringent bail terms were imposed, mirroring those set for the first accused. The court thus ordered the release of the applicant on cash bail with sureties.
Court Disposition
bail granted with conditions
Orders
- Sileti Porshorio shall be released on cash bail of KES 1,000,000 with two sureties of equal sum pending trial.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL CASE NO. 3 OF 2016
REPUBLIC ……………………………………………….. PROSECUTOR
VERSUS
JUSTUS LETUNAI LETIALO ……………………………. 1ST ACCUSED
SILETI PORSHORIO………………………………...…… 2ND ACCUSED
RULING
1. SILETI PORSHORIO (Sileti) the second accused seeks that he be admitted to bail pending trial. He is charged together with Justus Letunai the first accused. They both face the charge of murder contrary to Section 203 as read with Section 204 of the Penal Code.Their trial has not yet commenced.
2. To assist the court to determine Sileti’s application for bail pending trial a request was made to the probation office to prepare a bail assessment report on Sileti. I have the report before me. Sileti in that report is said that until his arrest for this offence he was a person of good character. He is said to be active in communal activities. The only negative assessment in that report is made by the relative of the deceased who says that there is fear that if Sileti is released on bail he may abscondhis trial.
3. Article 49 of the Constitution provides that a person shall be released on bail or bond on reasonable conditions pending trial unless there are compelling reasons not to be released. Having considered the probation assessment report and the submissions made by the learned counsels I can find no compelling reason which can prevent this court granting Sileti bail pending trial. I will however just as I did in respect to the first accused give stringent terms in view of the serious charge which Sileti and his co accused face.
4. Accordingly Sileti Porshorio shall be released on cashbail of Kenya shillings one million (kshs.1,000,000) with two sureties of equal sum pending his trial.
DATED AND DELIVERED THIS 28TH DAY OF SEPTEMBER 2016.
MARY KASANGO
JUDGE
CORAM:
Before Justice Mary Kasango
Court Assistant – Njue
Accused: Sileti Porshorio …......................
For Accused: ………………………………
For the State: …............................................
COURT
Ruling delivered in open court.
MARY KASANGO
JUDGE