[2019] KEHC 8096 (KLR)
The court found that the accused, charged with murder, is entitled to bail as a constitutional right under Article 49(1)(h) of the Constitution of Kenya, 2010. Upon reviewing the prosecution's witness statements and documents, the court found no compelling reason to deny bail. The prosecution did not object to the...
Source-derived case information.
- Citation
- [2019] KEHC 8096 (KLR)
- Parties
- Applicant: Republic; Defendant: Partoip Keiser
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 3 of 2019
- Procedural Posture
- Criminal Case / Ruling on Bail Pending Trial
- Outcome
- Bail granted to the accused pending trial.
- Judges
- DW Mbuteti
- Legal Topics
- Bail Pending Trial, Murder Charge, Constitutional Rights
- 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
Applicant
Partoip Keiser
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for the offence of murder.
- 2 Whether there exist compelling reasons to deny bail as required by the Constitution.
Ratio Decidendi
The court found that the accused, charged with murder, is entitled to bail as a constitutional right under Article 49(1)(h) of the Constitution of Kenya, 2010. Upon reviewing the prosecution's witness statements and documents, the court found no compelling reason to deny bail. The prosecution did not object to the application for bail. Therefore, the accused was admitted to bail on his own cognizance in the sum of KShs 300,000 plus one surety in like sum. The court emphasized that any denial of bail must be based on compelling reasons, which were absent in this case.
Court Disposition
Bail granted to the accused pending trial.
Orders
- The accused shall be released upon his own cognizance in the sum of KShs 300,000 plus one surety in like sum.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL CASE NO 3 OF 2019
REPUBLIC.....................................................................PROSECUTOR
VERSUS
PARTOIP KEISER.................................................................ACCUSED
RULING ON BAIL
1. The Accused person in this case, PARTOIP KEISER, is charged with murder contrary to section 203 as read with section 204 of the Penal Code. It is alleged in the information dated 14/02/2019 that on 03/02/2019 at Kurum area in Laikipia North Sub-county within Laikipia County, he murdered one KUNIRA SAMPAU MPOLOKI. On 12/03/2019 the Accused pleaded not guilty to the charge. His trial is scheduled to commence on 09/07/2019. He has in the meantime asserted his constitutional right to bail pending trail. The Republic has no objection.
2. Bail pending trial for all criminal offences is a constitutional right that will be denied only for compelling reason; and any condition that the court might impose for such bail, again by constitutional edict, must be reasonable. See Article 49(1) (h) of the Constitution of Kenya, 2010.
3. I have perused the witness statements and other documents supplied to the Accused and to court by the prosecution. I find no compelling reason there to deny the Accused his constitutional right.
4. In the event I will admit the Accused to bail. He shall be released upon his own cognizance in the sum of KShs 300,000/00 plus one surety in like sum. It is so ordered.
DATED AND SIGNED AT NANYUKI THIS 24TH DAY OF APRIL 2019
H P G WAWERU
JUDGE
DELIVERED AT NANYUKI THIS 25TH DAY OF APRIL 2019