[2020] KEHC 1254 (KLR)
The court found that the accused was entitled to bail as there were no compelling reasons presented by the prosecution to warrant denial. The pre-bail report was favourable, both the accused's and deceased's families supported bail and reconciliation, and the accused was not a flight risk. The court therefore...
Source-derived case information.
- Citation
- [2020] KEHC 1254 (KLR)
- Parties
- Applicant: Republic; Defendant: Michael Kipngeno Kirui
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 1 of 2020
- Procedural Posture
- Criminal Case / Ruling on Bail Application Pending Trial
- Outcome
- bail granted with conditions
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Murder Charge, Pre Bail Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Michael Kipngeno Kirui
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.
- 3 What are the appropriate bail terms for the accused.
Ratio Decidendi
The court found that the accused was entitled to bail as there were no compelling reasons presented by the prosecution to warrant denial. The pre-bail report was favourable, both the accused's and deceased's families supported bail and reconciliation, and the accused was not a flight risk. The court therefore exercised its discretion to grant bail, subject to specified conditions to ensure attendance and non-interference with witnesses.
Court Disposition
bail granted with conditions
Orders
- The accused shall post cash bail of Kshs.300,000 with one surety of similar amount.
- Alternatively, the accused may execute a personal bond of Kshs.300,000 and provide two sureties of Kshs.300,000 each.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BOMET
CRIMINAL CASE NO. 1 OF 2020
REPUBLIC..................................................................................PROSECUTOR
VERSUS
MICHAEL KIPNGENO KIRUI.........................................................ACCUSED
RULING
1. The accused is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code Cap 63 Laws of Kenya.
He is alleged to have murdered one Cosmas Rono in concert with others not before court, on 15th December 2019 at Kyogong location in Bomet Central sub-county within Bomet County. The Accused pleaded not guilty before Dulu J on 3rd March 2020. His counsel promptly made an application for the accused to be released on a bail pending trial. In response the Prosecution asked the court to order a pre-bail report.
2. When the matter came up before me on 12th November, 2020, Ms. Chepkemoi for the Accused reviewed the bond application. She submitted that the Probation Officer’s report had been filed and was favourable to the Accused. She submitted that the Accused was a resident of Bomet County and was not a flight risk. She further submitted that there were no compelling reasons to deny the Accused bail and prayed for reasonable bond terms.
3. On his part the learned Prosecution Counsel in his brief submission acknowledged that the probation report was favourable to the Accused and left the matter to the discretion of the court.
4. I have considered the application. The Constitution grants the Accused the right to bail under Article 49 (1) (h). The right is only limited by the existence of compelling reasons which must be brought to the attention of the court by the Prosecution. The pre-bail report which was cited by both the Prosecution and the defence recommends that the Accused be released on bail. The report states that both the accused’s family and the deceased’s family were supportive of the recommendation and were ready to reconcile. I therefore have no reason to deny the Accused bail.
5. The Accused is granted bail on the following conditions:-
i. He shall post cash bail of Kshs.300,000/= with one surety of similar amount.
ii. As an alternative to 1 above, the accused shall execute a personal bond of Kshs.300,000/= and provide 2 sureties of Kshs.300,000/= each.
iii. He shall not interfere with witnesses in any way.
iv. He shall attend court whenever required and shall not impede the trial in any way.
6. Orders accordingly.
Ruling delivered, dated and signed this 30th day of November, 2020.
..........................
R. LAGAT-KORIR
JUDGE
This ruling has been delivered in the absence of the Accused and Defence Counsel and in the presence of Mr. Mureithi for the DPP and Kiprotich (Court Assistant). The DR of the Court to email the ruling to respective parties.