[2018] KEHC 7106 (KLR)
The court found that the application for bail was not opposed by the prosecution, and there were no compelling reasons presented to justify the continued incarceration of the accused. In the absence of opposition or evidence suggesting the applicant is a flight risk or would interfere with witnesses, the...
Source-derived case information.
- Citation
- [2018] KEHC 7106 (KLR)
- Parties
- Respondent: Republic; Applicant: Kanchoro Kalamso Kabiro
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 21 of 2017
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail_granted
- Judges
- LN Mutende
- Legal Topics
- Bail Pending Trial, Murder Charge, Presumption of Innocence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Kanchoro Kalamso Kabiro
Applicant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused should be granted bail pending trial for the offence of murder.
Ratio Decidendi
The court found that the application for bail was not opposed by the prosecution, and there were no compelling reasons presented to justify the continued incarceration of the accused. In the absence of opposition or evidence suggesting the applicant is a flight risk or would interfere with witnesses, the constitutional right to bail prevails. The court therefore granted the applicant bail on terms deemed appropriate to secure his attendance at trial.
Court Disposition
bail_granted
Orders
- The accused is granted bond of Ksh.1,000,000 with a surety of an equal amount.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITUI
CRIMINAL CASE NO 21 OF 2017
REPUBLIC………………………………....……………..PROSECUTOR
VERSUS
KANCHORO KALAMSO KABIRO……..............………….ACCUSED
R U L I N G
1. Kanchoro Kalamso Kabiro, the Applicant is charged with the offence of Murder. He seeks to be released on bail pending trial.
2. The application is premised on grounds that he is innocent until proven guilty; a resident of Kalalani in Woldhenna sub-location where he lives with his two (2) wives and ten (10) children, three of whom are adopted. The family depends on him and he is not a flight risk. He swore an affidavit in support of the application.
3. Mamba Vincent, learned counsel, for the state filed an affidavit in reply where he asked the court to grant stringent conditions of bail but he did not oppose his release on bail.
4. I have considered the application which is not opposed. This means that there are no reasons that should cause the accused person’s continued incarceration. In the premises, I grant him bond of Ksh.1,000,000/- with a surety in an even sum.
5. It is so ordered.
Dated, Signed and Deliveredat Kitui this 21st day of March, 2018.
L. N. MUTENDE
JUDGE