[2014] KEHC 4006 (KLR)
The court found that the only reason advanced by the prosecution for denying bond was that the accused persons fled the scene after the alleged offence. This was rebutted by the defence, who explained that the accused are nomads by nature. The court emphasized the presumption of innocence and the constitutional...
Source-derived case information.
- Citation
- [2014] KEHC 4006 (KLR)
- Parties
- Applicant: Republic; Respondent: Ltsoison Stephen Nkutai; Respondent: Patiree Lokuiye Francis
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 22 of 2012
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- bond granted with conditions
- Legal Topics
- Bail and Bond, Flight Risk, Presumption of Innocence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Ltsoison Stephen Nkutai
Respondent
Patiree Lokuiye Francis
Respondent
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether the accused persons should be granted bond pending trial.
- 2 Whether the prosecution has provided compelling reasons to deny bond under Article 49(1)(h) of the Constitution.
Ratio Decidendi
The court found that the only reason advanced by the prosecution for denying bond was that the accused persons fled the scene after the alleged offence. This was rebutted by the defence, who explained that the accused are nomads by nature. The court emphasized the presumption of innocence and the constitutional right to bond, noting that the prosecution failed to provide compelling reasons to deny bond. The court considered the nature of the offence and the accused persons' nomadic lifestyle but determined that appropriate bond terms and conditions could mitigate any risk of flight. Accordingly, the court ordered the release of the accused persons on bond with specified conditions to...
Court Disposition
bond granted with conditions
Orders
- The accused persons be released on bond of Ksh. 1,000,000 with two sureties of similar amount each.
- The accused to attend mention before the Deputy Registrar once every 30 days at a date to be set by the Deputy Registrar.
Full Case Text
Judgment text and source record
22 paragraphs
IN THE HIGH COURT OF KENYA AT NYERI
CRIMINAL CASE NO. 22 OF 2012
REPUBLIC …........................................................................PROSECUTOR
VERSUS
LTSOISON STEPHEN NKUTAI
PATIREE LOKUIYE FRANCIS ......….............................................ACCUSED
RULING
The accused persons were on 16th July 2012 charged with the offence of murder and they both pleaded not guilty to the said charge.
Pursuant to Article 49(1)(h) of the Constitution of Kenya 2010 the applicants filed an application for bond pending hearing and in reply thereto the state through Ip Paul Kipkorir Sitonik filed an replying affidavit in which he deponed that after the commission of the alleged offence the accused persons fled from the scene.
That the 1st accused was arrested on 29th May 2012 13 days after the alleged offence by chief Putunoi of Iipolei at Kima Kandora village in Laikipia North after the police placed a manhunt while the 2nd accused was arrested on 2nd June 2012 17 days later. It was further deponed that the 1st respondent and his family relocated to Uwaso Ranch and therefore it was not safe to release them on bond.
Mr. Cheboi for the state submitted that the accused persons are considered a flight risk while Miss Mwai for the accused persons submitted that the accused persons are nomads.
In an application of this nature, it is upon the prosecution to provide compelling reasons as to why an accused person should be denied his constitutional right to bail. In this case the only reason advanced by the state is that the accused persons fled from the scene after the commission of the alleged offence which Miss Mwai rebutted by stating that the accused persons are nomads in nature.
It should be noted that at this stage the accused persons are presumed to be innocent until proven guilty and that the aim of bond is to ensure that the accused person turn up for his trial and therefore have taken into account the nature of the offence and the fact that the accused persons are nomads. I order that they both be released on the following terms and conditions pending their trial.
a) Bond of Ksh. 1,000,000 with (2) sureties of similar amount.
b) The accused to attend mention before the Deputy Registrar of this court once after every 30 days at a date to be set by the said Deputy Registrar.
c) The accused persons shall not leave the jurisdiction of this court without the written consent of the Deputy Registrar.
Dated and delivered at Nyeri this 20th day of June 2014.
J. WAKIAGA
JUDGE
Court: Ruling read in open court in the presence of Miss Muhoro for Miss Mwai for accused. Miss Maundu for the state and the accused.
J. WAKIAGA
JUDGE