[2019] KEHC 400 (KLR)
The court found that there were no compelling reasons to deny the accused bail, especially as the State did not oppose the application and the pre-bail report was favorable. The constitutional right to bail under Article 49(1)(h) was upheld, and the accused was granted bail on reasonable terms with conditions to...
Source-derived case information.
- Citation
- [2019] KEHC 400 (KLR)
- Parties
- Respondent: Republic; Applicant: Peter Kiprono Rono alias Bii
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 23 of 2015
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- Application for bail pending trial allowed.
- Judges
- GMA Dulu
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Constitutional Rights of Accused
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Peter Kiprono Rono alias Bii
Applicant
Procedural Posture
Bail Application / 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 exist compelling reasons to deny the accused bail.
Ratio Decidendi
The court found that there were no compelling reasons to deny the accused bail, especially as the State did not oppose the application and the pre-bail report was favorable. The constitutional right to bail under Article 49(1)(h) was upheld, and the accused was granted bail on reasonable terms with conditions to ensure attendance and non-interference with witnesses.
Court Disposition
Application for bail pending trial allowed.
Orders
- The accused will be released on signing bond of Kshs.300,000/- with one surety of similar amount.
- In the alternative, he will be released on payment of cash bail of Kshs.200,000/-.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO.23 OF 2015
REPUBLIC………………………………………………………..PROSECUTOR
VERSUS
PETER KIPRONO RONO alias BII………….……………………..ACCUSED
RULING
1. Before me is an application brought by way of Notice of Motion filed by counsel M/s Sang & Associates on behalf of the accused person dated 1st December 2017 for bail pending trial.
2. The application has been filed under Article 49 (1) (h) and 51 of the Constitution of Kenya 2010, and is supported by an affidavit sworn by the accused Peter Kiprono Rono alias Bii on 1st December 2017 in which it is deponed that the accused is a man of reasonable conduct and not a flight risk.
3. The Probation Officer, Kericho, Redempta Koech also filed a pre-bail report dated 28/10/2019 recommending that the accused may be released on bail, as he has a fixed abode and the family of the deceased does not object to him being released on bond.
4. Mr. Sang for the accused person also orally urged the court to release the accused person on bail on reasonable terms. Mr. Ayodo for the State on perusing the pre-bail report informed the court that the State were not opposing bail, but that strict conditions be imposed as the accused stands charged with a serious offence.
5. I have considered the applications and the submissions of counsel for the accused person and the State.
6. Under Article 49 (1) (h) of the Constitution of Kenya 2010, every arrested person has a right to be released on reasonable bail terms unless there exist compelling reasons to deny such bail.
7. The State does not oppose bail, and I have not myself seen any compelling reasons to justify denial of bail to the accused person.
8. I thus allow the application and order as follows-
1) The accused will be released on signing bond of Kshs.300,000/- with one surety of similar amount.
2) In the alternative, he will be released on payment of cash bail of Kshs.200,000/-.
3) He will not interfere with prosecution witnesses.
4) He will attend all mentions of the case and the hearing until the case is finalized.
Dated and delivered at Kericho this 20th day of December 2019.
George Dulu
JUDGE