[2016] KEHC 1723 (KLR)
The court found that the accused had already been granted bail by the Nyeri High Court on 14th August 2015, with clear terms set for bond and sureties. There were no new grounds or changed circumstances presented to justify reconsideration of the bail application. Therefore, the court declined to entertain a fresh...
Source-derived case information.
- Citation
- [2016] KEHC 1723 (KLR)
- Parties
- Applicant: Republic; Defendant: Letuiya Ltiyangoi
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 20 of 2016
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Bail application declined; trial to proceed.
- Judges
- MM Kasango
- Legal Topics
- Bail Pending Trial, Murder Charge, Bond Conditions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Letuiya Ltiyangoi
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused is entitled to be released on bail pending trial.
- 2 Whether there are grounds to reconsider the accused's bail application.
Ratio Decidendi
The court found that the accused had already been granted bail by the Nyeri High Court on 14th August 2015, with clear terms set for bond and sureties. There were no new grounds or changed circumstances presented to justify reconsideration of the bail application. Therefore, the court declined to entertain a fresh bail application and ordered that the trial proceed as scheduled.
Court Disposition
Bail application declined; trial to proceed.
Orders
- No grounds to reconsider bail application as bail was already granted on 14th August 2015.
- The case shall proceed to hearing as scheduled.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL CASE NO. 20 OF 2016
REPUBLIC …………………………………….…….......…… PROSECUTOR
versus
LETUIYA LTIYANGOI ……………………………..………..……. ACCUSED
RULING
1. The accused is charged with the offence of murder contrary to section 203 as read with section 204 of the Pena Code Cap 63. The appellant was first presented before the Nyeri High Court for trial on 10th July 2014. On 8th May 2015 the then counsel appearing for the accused before that court applied for the accused to be released on bail pending trial. Justice Ngaah Jairus by his Ruling dated 14th August 2015 granted the accused bail on the terms that the accused execute a bond of Kshs. 1 million with two sureties of the like sum.
2. This matter was transferred to this court for trial of the accused on 19th July 2016. Trial commenced on 8th November 2016. The case on that date was part heard. It was fixed for further hearing to today 23rd November 2016. Learned counsel for the accused applied that accused be released on bond pending trial. It is upon my perusal of the court file on this matter that I found the accused had already been granted bail on 14th August 2015 and that being so there is no ground for this court to reconsider accused bail application. This court will proceed for hearing of this case today.
3. It is so ordered.
DATED AND DELIVERED THIS 23RD DAY OF NOVEMBER 2016.
MARY KASANGO
JUDGE
CORAM:
Before Justice Mary Kasango
Court Assistant ……………………………..………………
Accused: Letuiya Ltiyangoi …………………………….
For accused: …………………………………………………..
For the State: …...................................................
COURT
Ruling delivered in open court.
MARY KASANGO
JUDGE