[2024] KEHC 6792 (KLR)
The court held that while bail is a constitutional right, it may be denied if compelling reasons are established. In this case, the pre-bail report indicated that releasing the accused would endanger both their own safety and that of the community. The court found that it has a duty to protect the lives and safety...
Source-derived case information.
- Citation
- [2024] KEHC 6792 (KLR)
- Parties
- Applicant: Republic; Defendant: Hamisi Tayari Kazungu; Defendant: Suleiman Chigamba Zembe
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E004 of 2023
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Bail application declined.
- Judges
- GMA Dulu
- Legal Topics
- Bail Application, Compelling Reasons, Accused Safety, Community Safety
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Hamisi Tayari Kazungu
Defendant
Suleiman Chigamba Zembe
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused persons should be granted bail pending trial.
- 2 Whether the safety of the accused and the community constitutes a compelling reason to deny bail.
Ratio Decidendi
The court held that while bail is a constitutional right, it may be denied if compelling reasons are established. In this case, the pre-bail report indicated that releasing the accused would endanger both their own safety and that of the community. The court found that it has a duty to protect the lives and safety of both the accused and the public. Given the inability of the court to supervise compliance with stringent bail conditions in the current circumstances, the safety concerns amounted to compelling reasons to deny bail at this time. The court therefore declined to grant bail, but left open the possibility of reconsidering bail should the situation on the ground change.
Court Disposition
Bail application declined.
Orders
- Bail/bond is declined for both accused persons at this time.
- Bail may be reconsidered if the situation on the ground changes.
Full Case Text
Judgment text and source record
23 paragraphs
Republic v Kazungu & another (Criminal Case E004 of 2023) [2024] KEHC 6792 (KLR) (29 April 2024) (Ruling)
Neutral citation: [2024] KEHC 6792 (KLR)
Republic of Kenya
In the High Court at Voi
Criminal Case E004 of 2023
GMA Dulu, J
April 29, 2024
Between
Republic
Prosecutor
and
Hamisi Tayari Kazungu
1st Accused
Suleiman Chigamba Zembe
2nd Accused
Ruling
1. I have considered the request of the counsel for the accused persons with regard to bail.
2. Both Mr. Mwanyumba and Mr. Mosioma have urged this court to grant bail. The Prosecuting Counsel Mr. Sirima opposes grant of bail.
3. Bail is a constitutional right, and since promulgation of the 2010 Constitution it applies to all offences, however serious. It can be denied only where there exist compelling reasons to deny bail.
4. Defence counsel have submitted that the accused be granted bail and the court issues stringent terms. The pre-bail report however, does not favour release on bail, for reasons among others, the safety of the accused persons and the community.
5. In my view, the safety of the life of an accused person can be a compelling reason for denial of bail. In the present case, I am of the view that it is such a compelling reason, because as a court, I have a duty to protect both the accused person’s safety and life, as well as the safety and lives of the community. Even though this court can give stringent conditions for bail, it is not in a position to supervise compliance with those conditions.
6. I thus decline to grant bail to the accused persons herein at this time. In case the current situation on the ground changes, bail can still be considered hereafter. As for now bail/bond is declined.
DATED, SIGNED AND DELIVERED THIS 29TH DAY OF APRIL 2024 IN OPEN COURT AT VOI.GEORGE DULUJUDGEIn the presence of:-Alfred – Court AssistantMr. Sirima for StateMr. Mosioma for 1staccusedMr. Mwanyumba for 2ndaccused