[2017] KEHC 1126 (KLR)

[2017] KEHC 1126 (KLR)

The court held that bail pending trial is a constitutional right under Article 49(1)(h) of the Constitution of Kenya, 2010, and may only be denied for compelling reasons. In this case, the prosecution did not oppose the application for bail and did not present any compelling reasons to deny bail. Upon reviewing the...

Source-derived case information.

Citation
[2017] KEHC 1126 (KLR)
Parties
Respondent: Republic; Applicant: P T K
Court
High Court
Court Station
High Court at Murang'a
Jurisdiction
Kenya
Judgment Date
10 November 2017
Case Number
Criminal Case 12 of 2017
Procedural Posture
Bail Application / Pre Trial
Outcome
Application for bail allowed.
Judges
DW Mbuteti
Legal Topics
Bail Pending Trial, Juvenile Offender, Murder Charge
Source Language
english
Criminal Law Bail Pending Trial Juvenile Offender Murder Charge

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Parties

Republic

Respondent

P T K

Applicant

Procedural Posture

Bail Application / Pre Trial

Legal Issues

  1. 1 Whether the juvenile accused is entitled to bail pending trial for the offence of murder.
  2. 2 Whether there exist compelling reasons to deny bail to the accused.

Ratio Decidendi

The court held that bail pending trial is a constitutional right under Article 49(1)(h) of the Constitution of Kenya, 2010, and may only be denied for compelling reasons. In this case, the prosecution did not oppose the application for bail and did not present any compelling reasons to deny bail. Upon reviewing the witness statements and other documents, the court found no compelling reason to deny the accused bail. Consequently, the court allowed the application and admitted the accused to bail pending trial on his own cognizance and one surety.

Court Disposition

Application for bail allowed.

Orders

  • The accused is admitted to bail pending trial.
  • The accused shall be released upon his own cognizance in the sum of KShs 100,000 and one surety in like sum.