[2024] KEHC 12388 (KLR)
The court found that, in the absence of a fresh pre-bail report, it could not properly determine whether compelling reasons still exist to deny bail to the accused. The court therefore deferred the ruling on the bail application and directed the County Probation Officer to prepare and file a new pre-bail report...
Source-derived case information.
- Citation
- [2024] KEHC 12388 (KLR)
- Parties
- Respondent: Republic; Respondent: Hillary Kipkurui Ngetich
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E013”B” of 2024
- Procedural Posture
- Criminal Case / Ruling on Second Oral Bail Application
- Outcome
- Ruling on bail deferred; accused to remain in custody pending pre-bail report.
- Judges
- JK Sergon
- Legal Topics
- Bail Application, Pre Bail Report, Compelling Reasons, Pretrial Detention
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Hillary Kipkurui Ngetich
Respondent
Procedural Posture
Criminal Case / Ruling on Second Oral Bail Application
Legal Issues
- 1 Whether the accused should be granted bail pending trial.
- 2 Whether there exist compelling reasons to deny bail at this stage.
- 3 Whether a fresh pre-bail report is necessary for determination of the bail application.
Ratio Decidendi
The court found that, in the absence of a fresh pre-bail report, it could not properly determine whether compelling reasons still exist to deny bail to the accused. The court therefore deferred the ruling on the bail application and directed the County Probation Officer to prepare and file a new pre-bail report within 14 days. The accused is to remain in custody until the report is filed and the court makes a final determination on the bail application.
Court Disposition
Ruling on bail deferred; accused to remain in custody pending pre-bail report.
Orders
- Kericho County Probation Officer to file a fresh pre-bail report within 14 days.
- Ruling on bail deferred to 14/11/2024.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Ngetich (Criminal Case E013”B” of 2024) [2024] KEHC 12388 (KLR) (17 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12388 (KLR)
Republic of Kenya
In the High Court at Kericho
Criminal Case E013”B” of 2024
JK Sergon, J
October 17, 2024
Between
Republic
Respondent
and
Hillary Kipkurui Ngetich
Respondent
Ruling
1. The subject matter of this ruling is a second oral application for bail. The application is opposed by the Prosecution.
2. In determining the previous application made on 17th May, 2024, this court took into account the Affidavit sworn by the D.C.I Soin Sigowet, the Pre-bail Report filed by the county probation officer, Kericho and the oral submissions made by both the Prosecution and the defence. This Court declined to admit the accused person to bail after finding that there existed compelling reasons. The Accused was given a leeway to make a fresh application for bail after the lapse of three months from 10th July, 2024.
3. Having considered the oral submissions made by Learned Counsels appearing in this matter, I have come to the conclusion that there is need for the County Probation Officer to prepare and file a Pre-bail report to guide this Court in determining the application for bail.
4. Consequently, I direct the Kericho County Probation Officer to file a fresh Pre-bail report in this case within 14 days. Ruling on bail is deferred to 14/11/2024. In the meantime, the Accused to remain in Custody until then.
DATED, SIGNED AND DELIVERED THIS 17TH DAY OF OCTOBER, 2024. J.K. SERGONJUDGEIn the Presence of:-C/Assistant – RutohProsecutor – TaslimaAccused – Present in PersonNo Appearance for Kiprono for the Accused