[2022] KEHC 14810 (KLR)
The court found that there were no compelling reasons in the witness statements or documentary evidence to deny the accused his constitutional right to bail. The prosecution did not object to bail, and the court was satisfied that the accused could be released on bail pending trial. The court therefore admitted the...
Source-derived case information.
- Citation
- [2022] KEHC 14810 (KLR)
- Parties
- Applicant: Republic; Defendant: Namoni Leseuwa
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E008 of 2021
- Procedural Posture
- Criminal Case / Ruling on Bail Application Pending Trial
- Outcome
- Bail granted to the accused pending trial.
- Judges
- HPG Waweru
- Legal Topics
- Bail Pending Trial, Murder Charge, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Namoni Leseuwa
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there exist compelling reasons to deny the accused bail.
Ratio Decidendi
The court found that there were no compelling reasons in the witness statements or documentary evidence to deny the accused his constitutional right to bail. The prosecution did not object to bail, and the court was satisfied that the accused could be released on bail pending trial. The court therefore admitted the accused to bail upon his own cognizance in the sum of KShs 500,000 with one surety in like sum, upholding the constitutional presumption of innocence and the right to liberty unless compelling reasons are shown to the contrary.
Court Disposition
Bail granted to the accused pending trial.
Orders
- The accused is admitted to bail upon his own cognizance in the sum of KShs 500,000 plus one surety in like sum.
Full Case Text
Judgment text and source record
17 paragraphs
Republic v Leseuwa (Criminal Case E008 of 2021) [2022] KEHC 14810 (KLR) (3 November 2022) (Ruling)
Neutral citation: [2022] KEHC 14810 (KLR)
Republic of Kenya
In the High Court at Nanyuki
Criminal Case E008 of 2021
HPG Waweru, J
November 3, 2022
Between
Republic
Prosecutor
and
Namoni Leseuwa
Accused
Ruling
1. The accused herein, Namoni Leseuwa, is charged with murder contrary to sections 203 and 204 of the Penal Code. It is alleged in the information dated September 21, 2021 that on June 9, 2021 at Pokoden open air market in Samburu Central Sub-County within Samburu County, he murdered one Kamshina Leketei. On October 19, 2021 he pleaded not guilty to the charge. His trial is scheduled to commence on August 11, 2022. He has in the meantime asserted his constitutional right to bail pending trial. The Republic has no objection to the accused being admitted to bail.
2. I have read the witness statements and documentary evidence, copies of which were supplied to the accused and the court by the prosecution. I do not find in them any compelling reason to deny the accused his constitutional right to bail enshrined in article 49(1)(h) of the Constitution of Kenya, 2010. I will therefore admit the accused to bail upon his own cognizance in the sum of KShs 500,000/00 plus one surety in like sum. It is so ordered.
DATED AND SIGNED AT NANYUKI THIS 2ND DAY OF NOVEMBER 2022H P G WAWERUJUDGEDELIVERED AT NANYUKI THIS 3RD DAY OF NOVEMBER 2022