[2023] KEHC 26724 (KLR)
The court found that no compelling reasons had been presented by the prosecution to justify denying the accused bail. The constitutional presumption is in favour of granting bail unless the prosecution demonstrates compelling reasons to the contrary. Since the prosecution failed to provide such reasons and only...
Source-derived case information.
- Citation
- [2023] KEHC 26724 (KLR)
- Parties
- Applicant: Republic; Defendant: Japheth Kibet Mutai alias Stuka
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E027 of 2023
- Procedural Posture
- Criminal Case / Ruling on Bail Application Pending Trial
- Outcome
- Accused admitted to bail pending trial.
- Judges
- JK Sergon
- Legal Topics
- Bail Pending Trial, Murder Charge, Compelling Reasons, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Japheth Kibet Mutai alias Stuka
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application Pending Trial
Legal Issues
- 1 Whether the accused should be admitted to bail pending trial for a charge of murder.
- 2 Whether there are compelling reasons to deny the accused bail as required by Article 49(1)(h) of the Constitution.
Ratio Decidendi
The court found that no compelling reasons had been presented by the prosecution to justify denying the accused bail. The constitutional presumption is in favour of granting bail unless the prosecution demonstrates compelling reasons to the contrary. Since the prosecution failed to provide such reasons and only requested a pre-bail report, the court exercised its discretion to admit the accused to bail pending trial, in accordance with Article 49(1)(h) of the Constitution.
Court Disposition
Accused admitted to bail pending trial.
Orders
- The accused, Japheth Kibet Mutai alias Stuka, is released from custody pending trial upon signing a bond of Kshs. 200,000 with one surety of like sum.
Full Case Text
Judgment text and source record
23 paragraphs
Republic v Mutai (Criminal Case E027 of 2023) [2023] KEHC 26724 (KLR) (20 December 2023) (Ruling)
Neutral citation: [2023] KEHC 26724 (KLR)
Republic of Kenya
In the High Court at Kericho
Criminal Case E027 of 2023
JK Sergon, J
December 20, 2023
Between
Republic
Prosecutor
and
Japheth Kibet Mutai alias Stuka
Accused
Ruling
1. Japheth Kibet Mutai alias Stuka, the Accused herein is before ths Court facing a charge of Murder Contrary to Section 203 as read with Section 204 of the Penal Code.
2. The particulars of the offence are that on the 5th day of November, 2023 at Keben Village in Belgut Sub-County within Kericho County, the Accused Murdered Eric Kiprono Cheruiyot. The Accused pleaded not guilty to the offence.
3. The Accused, through his Advocate M/s Chebet Kirui applied to this Court for the Accused to be admitted to bail pending trial.
4. Mr. Musyoki, Learned Senior Assistant Director of Public Prosecutions did not indicate whether or not there exists compelling reasons to deny the Accused Person bond. In fact he merely asked this Court to call for a Pre-bail Report. This Court directed the Kericho County Probation Officer to file a Pre-bail Report on the Accused within 7 days from the date of plea.
5. At the time of writing this Ruling, the Probation Officer had not filed the Pre-bail Probation Report.
6. Article 49 (1)(h) of the constitution of Kenya, 2010 expressly states that an arrested person has the right inter alia to be released on bond or bail, on reasonable conditions pending a charge or trial, unless there are compelling reasons not to be released.
7. In the instant Application, no compelling reasons have been shown to exist to enable this Court deny the Accused Person being admitted to bond.
8. In the end, I issue an order admitting the Accused to bond pending trial. Consequently, the Accused Namely:- Japheth Kibet Mutai alias Stuka be released from custody pending trial upon signing a bond of Kshs.200,000/= with one surety of like sum.
DATED, SIGNED AND DELIVERED THIS 20TH DAY OF DECEMBER, 2023. ………………………J.K. SERGONJUDGEIn the presence of:-Kiprono holding brief for Miss Chebet Kirui for the AccusedKaranja for the State