[2013] KEHC 4781 (KLR)
The court held that, following the Constitution of Kenya 2010, murder is now a bailable offence. There was no opposition from the prosecution, and no compelling reasons were presented to deny bail. The court considered the presumption of innocence, the accused's personal circumstances, and the absence of evidence...
Source-derived case information.
- Citation
- [2013] KEHC 4781 (KLR)
- Parties
- Respondent: Republic; Applicant: Peter Ingoka Khatsimba
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 46 of 2012
- Procedural Posture
- Criminal Case / Application for Bond Pending Trial
- Outcome
- Bail granted with conditions.
- Legal Topics
- Bail Pending Trial, Presumption of Innocence, Murder Charge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Peter Ingoka Khatsimba
Applicant
Procedural Posture
Criminal Case / Application for Bond Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for a murder charge under the Constitution of Kenya 2010.
- 2 Whether the accused is likely to attend trial if released on bail.
- 3 Whether the accused is likely to interfere with witnesses or commit similar offences if released.
Ratio Decidendi
The court held that, following the Constitution of Kenya 2010, murder is now a bailable offence. There was no opposition from the prosecution, and no compelling reasons were presented to deny bail. The court considered the presumption of innocence, the accused's personal circumstances, and the absence of evidence suggesting he would abscond, interfere with witnesses, or pose a risk to the community. The court therefore found no justification to continue detaining the accused and granted bail with conditions to ensure attendance and non-interference with witnesses.
Court Disposition
Bail granted with conditions.
Orders
- The accused will be released on signing a bond of Kshs.1,000,000 with two sureties of similar amount.
- He will not interfere with witnesses.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
High Court at Kakamega
Criminal Case 46 of 2012 [if gte mso 9]><xml>
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(An application for bond pending appeal)
REPUBLIC …………………………….…………….. PROSECUTOR
VERSUS
PETER INGOKA KHATSIMBA ………………......……… ACCUSED
RULING
The accused who is charged with murder has applied through a Notice of Motion dated 31st January 2013 for bail. The specific prayers in the application are as follows:-
1. May this Honourable court be pleased to grant me bond/bail pending the hearing and determination of my HCCR. Case No. 46/2012.
2. I be given such terms that is well accepted to the Honourable court.
He filed the application in person, but the record shows that he is now represented by Mr. Aburili advocate. When the application came up for hearing yesterday, the accused’s advocate was not present, but he chose to argue his own application. The accused stated that he wanted to be released on bail because his children were suffering at home as his wife was sick.
The learned State Counsel, Mr. Oroni, did not oppose the bail application.
The accused has been charged with murder, which was recently made a bailable offence under the Constitution of Kenya 2010.
When an accused person is charged in court, there is a presumption of innocence until he is proved guilty. He or she may be released on bail. However, the court has to consider whether the accused will attend trial. The gravity of the offence has to be taken into account. In addition, the court has to consider whether the accused is likely to interfere with witnesses or commit similar offences to that charged if released on bail. In capital offences also, my view, the court has to consider whether his safety in the community is guaranteed, if he is going back to live in the same locality of the alleged offence, since a life has already been lost.
As the learned State Counsel is conceding to bail, I find no reason to continue detaining the applicant in custody.
I therefore order as follows:-
1. The accused will be released on his signing a bond of Kshs.1,000,000/= (one million shillings) with two sureties of similar amount.
2. He will not interfere with witnesses.
3. He will attend court mentions of the case and the hearing thereof. The first mention will be on 25/4/2013.
Dated at Kakamega this 14th day of February, 2013
George Dulu
J U D G E
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