[2021] KEHC 4604 (KLR)
Although the accused has a constitutional right to bail and the pre-bail report is favourable, the court must consider the integrity of the trial. The deceased was the accused's father, making the victims also his family. The pre-bail report did not address whether family members are witnesses or the circumstances...
Source-derived case information.
- Citation
- [2021] KEHC 4604 (KLR)
- Parties
- Respondent: Republic; Applicant: Nehemiah Kipngetich Koech alias Stamina
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E009 of 2020
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- bail denied at this stage; accused to remain in custody until civilian witnesses have testified
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Murder Charge, Pre Bail Report
- 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
Respondent
Nehemiah Kipngetich Koech alias Stamina
Applicant
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the accused should be released on bail pending trial for the offence of murder.
- 2 Whether there exist compelling reasons to deny bail as provided under Article 49 (1) (h) of the Constitution.
- 3 Whether the integrity of the trial would be preserved if the accused is released on bail.
Ratio Decidendi
Although the accused has a constitutional right to bail and the pre-bail report is favourable, the court must consider the integrity of the trial. The deceased was the accused's father, making the victims also his family. The pre-bail report did not address whether family members are witnesses or the circumstances of the offence. To preserve the integrity of the trial and avoid interference with witnesses, the court finds compelling reasons to deny bail at this stage. The accused shall remain in custody until civilian witnesses have testified.
Court Disposition
bail denied at this stage; accused to remain in custody until civilian witnesses have testified
Orders
- The accused shall remain in custody until civilian witnesses have testified.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BOMET
CRIMINAL CASE NO E009 OF 2020
REPUBLIC...............................................................................................................PROSECUTOR
VERSUS
NEHEMIAH KIPNGETICH KOECH alias STAMINA...............................................ACCUSED
RULING
1. The application before me seeks to have the Accused Nehemiah Kipngetich Koech alias Stamina released on bail pending trial. He is charged with the murder of his father one Joseph Kipkoech Tonui. The offence is alleged to have been committed on 12th December 2020 at Olingoswet village, Kapkimolwa location within Bomet County. The Accused took plea on 9th February 2021 and pleaded not guilty. His case is set to commence on 25th October 2021.
2. The application is not opposed by the State. The court called for a pre-bail assessment report and the same was filed on 13th April 2021.
3. In urging the application defence counsel Ms. Rotich submitted that the Accused was not a flight risk and that his family was willing to stand surety for him and receive him back home. Counsel submitted that the pre-bail report was favourable to the Accused.
4. I have considered the application. I have also considered the pre-bail report dated 31st March 2021. The pre-bail report states that the Accused was a law abiding citizen with great entreprenual skills. That he was the breadwinner of his family and had never abused alcohol or drugs. It states that the Accused’s family and clan elders held a meeting in which they resolved to support his release on bail. The report recommends that the Accused be considered for bail.
5. Bail is a Constitutional right granted by Article 49 (i) h of the Constitution which states:-
“an arrested person has the right to be released on bond or bail, on reasonable conditions, pending charge or trial, unless there are compelling reasons not to be released.”
6. It is clear from the above provision that the right to bail or bond is not absolute and can be curtailed where there exist compelling reasons.
7. In this case, the victims of the offence are also the family of the Accused. This is because the deceased in this case was the Accused’s father. The probation report while categorically stating that the family was supportive of the Accused’s release on bond did not make any mention of the circumstances of the commission of the offence or whether any of the family members were witnesses in the case. It is the duty of the court, while exercising discretion to grant or not to bail, to preserve the integrity of the trial. (See R.V. Fredrick Ole Leliman & 4 Others, 2016 eKLR; See also R.V. Robert Kipkorir Tonui, 2020 eKLR).
8. In view of the above, I am persuaded not to grant the Accused bail at this stage. He shall remain in custody until the civilian witnesses have testified.
9. Orders accordingly.
RULING DELIVERED, DATED AND SIGNED THIS 21ST DAY OF JULY, 2021.
................................
R. LAGAT-KORIR
JUDGE
Ruling delivered in the presence of the Accused, Defence Counsel Ms. Rotich, Mr. Murithi for the DPP, and Kiprotich (Court Assistant).