[2019] KEHC 6335 (KLR)
The court found that the prosecution did not present any compelling reasons to deny bail, as required by Article 49(1)(h) of the Constitution. The pre-bail report's mention of hostility from the deceased's family was noted, but the accused's undertaking to keep away from witnesses and the absence of any evidence of...
Source-derived case information.
- Citation
- [2019] KEHC 6335 (KLR)
- Parties
- Respondent: Republic; Applicant: Peter Cheruiyot Towett
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 36 of 2018
- Procedural Posture
- Criminal Case / Ruling on Bail Pending Trial
- Outcome
- bail granted
- Judges
- GMA Dulu
- Legal Topics
- Bail Application, Pretrial Release, Compelling Reasons, Constitutional Rights, Bond Conditions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Peter Cheruiyot Towett
Applicant
Procedural Posture
Criminal Case / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there are compelling reasons to deny the accused bail.
Ratio Decidendi
The court found that the prosecution did not present any compelling reasons to deny bail, as required by Article 49(1)(h) of the Constitution. The pre-bail report's mention of hostility from the deceased's family was noted, but the accused's undertaking to keep away from witnesses and the absence of any evidence of likely interference or absconding led the court to conclude that bail should not be denied. The court emphasized the constitutional presumption in favor of bail unless compelling reasons are shown, which was not the case here.
Court Disposition
bail granted
Orders
- The accused will be released on signing his own bond of KES 500,000 with one surety of similar amount.
- Alternatively, the accused will be released on payment of cash bail of KES 700,000.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO.36 OF 2018
REPUBLIC.........................................PROSECUTION
VERSUS
PETER CHERUIYOT TOWETT.............ACCUSED
RULING ON BAIL
1. Before me is a Notice of Motion dated 6th February 2019 seeking that the accused person herein be released on bail/bond pending trial.
2. The application was filed with a Supporting Affidavit sworn by the accused on 6th February 2019 in which it was deponed that the accused will keep away from witnesses and that the will abide by any conditions set by the court.
3. A pre-bail report signed by Isaak Rotich, a Probation Officer, Kericho was filed on 16th January 2019 stating that the accused and the deceased family are neighbours, and that the deceased’s family were still hostile, but left it to the court to make an appropriate decision in the bail application.
4. The Learned Assistant Director of Public Prosecution Mr. Ayodo informed the court that the prosecution did not have any compelling reasons to oppose bail.
5. Under Article 49 (1) (h) of the Constitution of Kenya 2010 every arrested person has a right to be released on bond or bail provided there are no compelling reasons to justify denial of bail. The prosecution has informed the court that they have no compelling reasons to oppose bail.
6. The Probation Officer in his pre-bail report says that the deceased family, which is a neighbouring family is still hostile.
7. I am also aware that the case has not commenced, as no witness has testified as yet. However, taking all the circumstances of the case in mind, and the fact that the accused has sworn in his affidavit that he will keep away from witnesses, I find no reason to deny him bail.
8. I thus allow the application and order as follows-
1. The accused will be released on signing his own bond of kshs.500,000/= with one surety of similar amount.
2. In the alternative he will be released on payment of cash bail of kshs.700,000/-.
3. He will keep the peace and not interfered with any prosecution witnesses.
4. He will attend all mentions and the hearing of this case until it is finalized.
Dated at Kericho this 26th day of June 2019.
George Dulu
JUDGE