[2014] KEHC 4022 (KLR)
The court held that bond is a constitutional right for all accused persons and may only be denied if the prosecution advances compelling reasons. In this case, the prosecution did not file any affidavit or present any compelling reasons to oppose the accused's application for bond. The court further noted that the...
Source-derived case information.
- Citation
- [2014] KEHC 4022 (KLR)
- Parties
- Respondent: Republic; Accused: Lukusi Lesingiran
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 30 of 2011
- Procedural Posture
- Criminal Case / Ruling on Bond Application Pending Trial
- Judges
- J Wakiaga
- Legal Topics
- Bail and Bond, Pretrial Detention, Constitutional Rights of Accused
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Lukusi Lesingiran
Accused
Procedural Posture
Criminal Case / Ruling on Bond Application Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bond pending trial under the Constitution.
- 2 Whether there are compelling reasons to deny the accused bond.
Ratio Decidendi
The court held that bond is a constitutional right for all accused persons and may only be denied if the prosecution advances compelling reasons. In this case, the prosecution did not file any affidavit or present any compelling reasons to oppose the accused's application for bond. The court further noted that the purpose of bond is to secure the accused's attendance at trial. Consequently, the court granted the accused bond pending trial, subject to specific terms and conditions designed to ensure his attendance and compliance with the court's jurisdiction.
Court Disposition
Orders
- Accused granted bond of Kshs. 500,000 with three sureties of similar amount.
- 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
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
CRIMINAL CASE NO. 30 OF 2011
REPUBLIC................................................ STATE COUNSEL
VERSUS
LUKUSI LESINGIRAN........................ ACCUSED PERSON
RULING
1. The accused was first brought to court on 17/10/2011 before the Deputy Registrar and on 31/10/2011 the same appeared before me when it was deferred to 31/10/2011 for the accused to undergo mental assessment. On 30/1/2012 plea taking was deferred since the Mr. Muthui Kimani Advocate for the accused was not present.
2. On 7/2/2012 plea taking was once again deferred since there was no interpretor available to the 21/3/2012 and again to the 18/7/2012. On 23/7/2012 the accused pleaded not guilty to the charges herein and the same has been in custody since that time.
3. On 3/2/14 the court ordered for a prebail report to be filed on behalf of the accused person to assist the court in determining the bond terms and conditions since the state through Mr. Njure did not file any affidavit.
4. Bond now is a constitutional right of any accused persons and can only be denied if there are compelling reasons advanced by the prosecution. However the court must take note that the aim of bond is to secure the attendance of the accused person during his trial.
5. I would therefore grant to the accused person bond pending trial upon the following terms;-
a) Bond of Kshs.500,000/- with three sureties of similar amount.
b) During the period of his trial the accused person to attend mention before the Deputy Registrar of this court once after every 30 days at a date to be set by the same Deputy Registrar.
c) The accused person shall not leave the jurisdiction of this court without obtaining written consent of the Deputy Registrar of this court.
Dated and delivered at Nyeri this 27th day of June 2014.
J. WAKIAGA
JUDGE
Court: Ruling read in open court in the presence of the accused his advocate and Miss Maundu for the state. The Deputy Registrar to fix mention date for the accused while applying bond terms.
J. WAKIAGA
JUDGE
27/6/2014