[2024] KEHC 8193 (KLR)
The court held that bail is a constitutional right and can only be denied if compelling reasons are demonstrated. In this case, the prosecution did not object to the accused's release on bail and did not present any compelling reasons to justify denial. Consequently, the court found no basis to deny bail and ordered...
Source-derived case information.
- Citation
- [2024] KEHC 8193 (KLR)
- Parties
- Applicant: Republic; Defendant: Kennedy Oduor Owuor alias Woria
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E029 of 2024
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- Bail granted to the accused on specified terms.
- Judges
- DO Ogembo
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Constitutional Rights, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Kennedy Oduor Owuor alias Woria
Defendant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under Article 49 (i) (h) of the Constitution.
- 2 Whether there exist any compelling reasons to deny the accused bail.
Ratio Decidendi
The court held that bail is a constitutional right and can only be denied if compelling reasons are demonstrated. In this case, the prosecution did not object to the accused's release on bail and did not present any compelling reasons to justify denial. Consequently, the court found no basis to deny bail and ordered the accused's release on specified terms, including bond or cash bail and conditions to ensure attendance and non-interference with witnesses.
Court Disposition
Bail granted to the accused on specified terms.
Orders
- The accused shall be released on a bond of Kshs 500,000 with one surety of a similar amount.
- Alternatively, the accused may be released on cash bail of Kshs 100,000.
Full Case Text
Judgment text and source record
16 paragraphs
Republic v Owuor (Criminal Case E029 of 2024) [2024] KEHC 8193 (KLR) (9 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8193 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Case E029 of 2024
DO Ogembo, J
July 9, 2024
Between
Republic
Prosecution
and
Kennedy Oduor Owuor alias Woria
Accused
Ruling
1. The accused has applied to be released on bail pending his trial. The prosecution is not objecting to the release of the accused on bail. Bail is a constitutional right under Article 49 (i) (h). The right can only be denied should it be shown the existence of any compelling reasons. No such reason has been shown. I order that accused be released on bail on the following terms:-i.A bond of Kshs500,000/= with one surety of a similar amount.ii.An alternative of Kshs 100,000/= as cash bail.iii.Accused is ordered not to interfere with any prosecution witness till this matter is determined.iv.Upon release, he is ordered to attend court at all times till the case is determined.
DATED, SIGNED AND DELIVERED THIS 9THDAY OF JULY, 2024. D. O. OGEMBOJUDGE9/7/2024