[2018] KEHC 2593 (KLR)
The court held that bail pending trial is a constitutional right under Article 49(1)(h) of the Constitution. Since the prosecution did not oppose the application and no compelling reasons were presented to deny bail, the applicant is entitled to be released on bail. The court exercised its discretion to grant bail,...
Source-derived case information.
- Citation
- [2018] KEHC 2593 (KLR)
- Parties
- Respondent: Republic; Applicant: Muema Kivwia
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 25 of 2017
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- Bail granted to the accused/applicant.
- Judges
- LN Mutende
- Legal Topics
- Bail Pending Trial, Right to Bail, Compelling Reasons, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Muema Kivwia
Applicant
Procedural Posture
Bail Application / Ruling on Bail 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 are compelling reasons to deny the accused bail.
Ratio Decidendi
The court held that bail pending trial is a constitutional right under Article 49(1)(h) of the Constitution. Since the prosecution did not oppose the application and no compelling reasons were presented to deny bail, the applicant is entitled to be released on bail. The court exercised its discretion to grant bail, finding no evidence that the applicant was likely to abscond or interfere with the trial process.
Court Disposition
Bail granted to the accused/applicant.
Orders
- The accused/applicant is granted bail of Kshs. 2,000,000 with a surety of similar sum.
Full Case Text
Judgment text and source record
20 paragraphs
KTI.NO. 420/2018
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITUI
HCR. CASE NO. 25 OF 2017
REPUBLIC.........................................................................PROSECUTOR
VERSUS
MUEMA KIVWIA......................................................................ACCUSED
R U L I N G
1. By an application dated 28thday ofSeptember 2018 the Applicant/Accused seeks to be released on bail pending trial.
2. The application is premised on grounds that the applicant has a home and relatives residing within the jurisdiction of the court; he has nothing in his character antecedents, associations and/or community ties in relation to him that is prejudicial to being admitted to jail and that he is unlikely to abscond if admitted on bail.
3. He swore an affidavit in support of the application where he deposed that the court has the discretion to admit him to bail pending trial.
4. The State though learned Counsel Mr. Mamba did not oppose the application.
5. Principles upon which an Accused is released on bond pending trial are stipulated in Article 49(1)(h)of the Constitutionthat provides thus:
“(1) An arrested person has the right—
(h) to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.”
6. Bail pending trial is a constitutional right and since there are no compelling reasons why the Accused/Applicant should be incarcerated, he is hereby granted bail of Two (2) Million Shillings (Kshs. 2,000,000/=)with a surety of similar sum.
7. It is so ordered.
Dated, Signed and Deliveredat Kitui this 4thday of October, 2018.
L. N. MUTENDE
JUDGE