[2021] KEHC 1234 (KLR)
The court found that there were no compelling reasons to deny the accused bail as required under Article 49(1)(h) of the Constitution. The court exercised its discretion in favour of the accused, noting that the prosecution did not present any evidence or arguments to justify denial of bail. The court relied on...
Source-derived case information.
- Citation
- [2021] KEHC 1234 (KLR)
- Parties
- Respondent: Republic; Applicant: Kevin Kotola Fula
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E038 of 2021
- Procedural Posture
- Criminal Case / Ruling on Bail Application Pending Trial
- Outcome
- Application for bail granted.
- Judges
- MM Kasango
- Legal Topics
- Bail Pending Trial, Murder Charge, Compelling Reasons, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Kevin Kotola Fula
Applicant
Procedural Posture
Criminal Case / Ruling on Bail Application Pending Trial
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 there were no compelling reasons to deny the accused bail as required under Article 49(1)(h) of the Constitution. The court exercised its discretion in favour of the accused, noting that the prosecution did not present any evidence or arguments to justify denial of bail. The court relied on constitutional provisions and relevant case law to conclude that the accused is entitled to bail pending trial, subject to reasonable conditions.
Court Disposition
Application for bail granted.
Orders
- Kevin Kotola Fula is granted bond of Kshs.500,000 with two sureties of similar amount.
- A hearing date will be fixed at the reading of this ruling.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO. E038 OF 2021
BETWEEN
REPUBLIC.....................PROSECUTOR
VERSUS
KEVIN KOTOLA FULA......ACCUSED
RULING
1. KEVIN KOTOLA FULA has applied to be released on bond/bail pending his trial for the offence of murder.
2. The accused is a 25 year old man. The deceased in this case was his wife. They had a one year old boy. His family is willing to stand surety for him if he is granted bond.
3. Article 49(1)(h) of the Constitution provides that an arrested person shall be granted bond/bail on reasonable conditions unless there are compelling reasons. The court, however, retains discretion on whether to grant bond/bail: See REPUBLIC VS. MILTON KABULIT & 60 OTHERS (2011) eKLR as follows:-
“My understanding of Section (sic) 49 (1) (g) (h) is firstly, that the right of an arrested person to bond or bail in respect of any offence is solely at the discretion of the court seized of the application. Secondly, the only accused entitled to a right to an automatic bond or bail are those charged with offences (which may be referred to as “petty offences”) the punishment of which if found guilty and convicted) is either a fine only, or imprisonment for a term of less than six months”
4. There are no compelling reasons to deny the accused bond/bail. Accordingly, this Court grants the following orders:-
a. Kevin Kotola Fula is granted bond of Kshs.500,000/= with two sureties of similar amount.
b. At the reading of this Ruling, a hearing date will be fixed of this case.
RULING DATED AND DELIVERED AT KIAMBU THIS 16TH DAY OF DECEMBER, 2021
MARY KASANGO
JUDGE
Coram:
Court Assistant : M aurice
For DPP :- Kathambi/Kasyoka- Present
For Accused :- Miss Gathua –Not present
Accused Kevin Kotola Fula -Present
COURT
RULING delivered virtually.
MARY KASANGO
JUDGE