[2019] KEHC 6321 (KLR)
The court held that bail is a constitutional right and that no compelling reasons had been advanced to justify the continued remand of the accused. The delay in the preparation of the pre-bail report could not be used to indefinitely deny the accused his right to bail. Therefore, the accused was granted bond with...
Source-derived case information.
- Citation
- [2019] KEHC 6321 (KLR)
- Parties
- Applicant: Republic; Defendant: Kokoi Eruye
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 87 of 2017
- Procedural Posture
- Criminal Case / Sentencing; Bail Application
- Outcome
- Accused granted bond.
- Judges
- A Mabeya
- Legal Topics
- Bail Application, Pre Bail Report, Constitutional Rights, Remand, Bond Conditions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Kokoi Eruye
Defendant
Procedural Posture
Criminal Case / Sentencing; Bail Application
Legal Issues
- 1 Whether the accused is entitled to bail pending trial.
- 2 Whether the absence of a pre-bail report is a valid reason to continue remanding the accused.
Ratio Decidendi
The court held that bail is a constitutional right and that no compelling reasons had been advanced to justify the continued remand of the accused. The delay in the preparation of the pre-bail report could not be used to indefinitely deny the accused his right to bail. Therefore, the accused was granted bond with specified terms.
Court Disposition
Accused granted bond.
Orders
- The accused is granted bond of Kshs. 200,000 with a surety of a similar amount.
- Mention on 18/07/2018 to give a date for trial.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT KENYA AT MERU
HIGH COURT CRIMINAL CASE NO 87 OF 2017
REPUBLIC.............................................................................................DPP
VERSUS
KOKOI ERUNYE....................................................................... ACCUSED
SENTENCING
1. 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.
2. As of today that Pre- bail report is not yet ready.
3. 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.
4. Accordingly, I grant the accused bond of kshs. 200,000/= with a surety of a similar amount.
Mention on 18/07/2018 to give a date for trial.
A. MABEYA
JUDGE
27/6/2019