[2014] KEHC 720 (KLR)

The court found that the accused is entitled to bond pending trial as a constitutional right under Article 49(1)(h) of the Constitution of Kenya 2010. The State did not provide any compelling reasons to deny bond. The pre-bail report supported the accused's release. Therefore, the accused was granted bond on specified terms.

Citation: [2014] KEHC 720 (KLR)
Parties: Respondent: Republic; Applicant: Paul Okebilo
Court: High Court
Court Station: High Court at Kisii
Jurisdiction: Kenya
Judgment Date: 18 December 2014
Case Number: Criminal Case 85 of 2014
Procedural Posture: Criminal Case / Ruling on Bail Pending Trial
Outcome: Accused granted bond pending trial.
Legal Topics: Bail Pending Trial, Right to Bond, Compelling Reasons, Pre Bail Report
Source Language: English

Criminal Law Bail Pending Trial Right to Bond Compelling Reasons Pre Bail Report

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Parties

Republic

Respondent

Paul Okebilo

Applicant

Procedural Posture

Criminal Case / Ruling on Bail Pending Trial

Legal Issues

1 Whether the accused is entitled to bond pending trial under the Constitution of Kenya 2010.
2 Whether the State has provided compelling reasons to deny the accused bond.

Ratio Decidendi

Court Disposition

Accused granted bond pending trial.

Orders

The accused shall be released on bond of Kshs.500,000 with two sureties of similar amount.
In the alternative, the accused may be released on cash bail of Kshs.200,000.