[2018] KEHC 8586 (KLR)
The court held that bail is a constitutional right for an accused person and that the absence of a pre-bail report, without any compelling reasons advanced by the prosecution, cannot justify indefinite denial of bail. The court found that waiting indefinitely for the pre-bail report would be unjust and that, in the...
Source-derived case information.
- Citation
- [2018] KEHC 8586 (KLR)
- Parties
- Respondent: Republic; Defendant: Kokoi Erunye
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 87 of 2017
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- bail granted
- Judges
- A Mabeya
- Legal Topics
- Bail Application, Pre Bail Report, Constitutional Rights, Compelling Reasons
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Kokoi Erunye
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused is entitled to bail pending trial.
- 2 Whether there are compelling reasons to deny the accused bail.
Ratio Decidendi
The court held that bail is a constitutional right for an accused person and that the absence of a pre-bail report, without any compelling reasons advanced by the prosecution, cannot justify indefinite denial of bail. The court found that waiting indefinitely for the pre-bail report would be unjust and that, in the absence of compelling reasons, the accused is entitled to bail.
Court Disposition
bail granted
Orders
- The accused is granted bond of KShs.200,000 with a surety of a similar amount.
- Mention on 18/7/2018 to give a date for trial.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO. 87 OF 2017
REPUBLIC …....………………………….......PROSECUTOR
-VERSUS-
KOKOI ERUNYE.........................................................ACCUSED
RULING
The accused took plea on 6/12/2017 whereby he denied the charge of murder. He applied for bond but the court remanded him awaiting the pre-bail report by the Probation Officer. When the matter came up on 18th January, 2018, the pre-bail report was not ready and the Probation Officer requested for more time.
As of today that pre-bail report is not yet ready. Bail/Bond is a Constitutional right of every accused person. There are no compelling reasons that have been advanced to deny the accused bail. We cannot wait for the report forever.
Accordingly, I grant the accused bond of KShs.200,000/= with a surety of a similar amount.
Mention on 18/7/2018 to give a date for trial.
DATED and DELIVERED at Meru this 1st day of February, 2018.
A. MABEYA
JUDGE