[2021] KEHC 4610 (KLR)
The court found that the circumstances which previously justified denial of bail—namely, extreme hostility that could endanger the accused—no longer existed due to reconciliation efforts between the families. The prosecution failed to provide any compelling reasons to continue denying bail. The court exercised its...
Source-derived case information.
- Citation
- [2021] KEHC 4610 (KLR)
- Parties
- Respondent: Republic; Applicant: Obadiah Kipkorir Ngeno
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 20 of 2020
- Procedural Posture
- Criminal Case / Bail Review Application
- Outcome
- bail granted on conditions
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Changed Circumstances
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Obadiah Kipkorir Ngeno
Applicant
Procedural Posture
Criminal Case / Bail Review Application
Legal Issues
- 1 Whether the accused is entitled to bail pending trial in light of changed circumstances.
- 2 Whether compelling reasons exist to deny the accused bail.
Ratio Decidendi
The court found that the circumstances which previously justified denial of bail—namely, extreme hostility that could endanger the accused—no longer existed due to reconciliation efforts between the families. The prosecution failed to provide any compelling reasons to continue denying bail. The court exercised its discretion to grant bail, holding that the right to bail is constitutionally protected unless compelling reasons are shown, and none were present. The accused was not considered a flight risk and undertook to comply with all court requirements.
Court Disposition
bail granted on conditions
Orders
- The accused shall post a personal bond of Kshs.300,000 and provide two sureties of similar amount each.
- The accused shall not interfere with witnesses in any way.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BOMET
CRIMINAL CASE NO. 20 OF 2020
REPUBLIC........................................................PROSECUTOR
VERSUS
OBADIAH KIPKORIR NGENO..............................ACCUSED
RULING
1. The application before me seeks that the Accused person Obadiah Kipkorir Ngeno be released on bail pending trial. It is a review application.
2. In the ruling delivered on 25th February 2021, the court denied the Accused bond for reason that there was extreme hostility on the ground which was likely to jeopardise his safety. A bail information report filed on 9th July 2021 shows that the families of the Accused and the deceased were now engaged in a traditional reconciliation exercise. This means that the extreme hostility towards the release of the Accused on bail pending his trial has waned. I consider this to be changed circumstances which warrant a review of the court’s earlier ruling.
3. Article 49 (i) h of the Constitution it provides that:-
“An arrested person has the right to be released on bond or bail on reasonable conditions, pending a charge or trial unless there are compelling reasons not to be released.”
4. In this review application, the prosecution has not brought forth any compelling reasons. As stated above, the reason for which the court had denied the Accused bail no longer exists. It has also been submitted that the Accused is not a flight risk and shall attend his trial.
5. I exercise my discretion to grant him bail on the following conditions:-
i. He shall post a personal bond of Kshs.300,000/= and provide 2 sureties of similar amount each.
ii. He shall not interfere with witnesses in any way.
iii. He shall attend court whenever required and shall not impede the trial in any way.
6. Orders accordingly.
RULING DELIVERED, DATED AND SIGNED THIS 26TH DAY OF JULY, 2021.
..........................
R. LAGAT-KORIR
JUDGE
Ruling delivered in the presence of the Accused, Defence Counsel Ms. Chepkemoi, Mr. Murithi for the DPP, and Kiprotich (Court Assistant).