[2020] KEHC 686 (KLR)
The court found that, despite the constitutional right to bail, the pre-bail report was not comprehensive and did not assist the court in appreciating the home environment as required. The court was not persuaded to grant bond in the circumstances, noting the seriousness of the offence and the lack of sufficient...
Source-derived case information.
- Citation
- [2020] KEHC 686 (KLR)
- Parties
- Respondent: Republic; Applicant: Peter Kiprono Siglai
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 7 of 2020
- Procedural Posture
- Criminal Case / Ruling on Bail Application Pending Trial
- Outcome
- bail denied; accused to remain in custody pending trial
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Judicial Discretion, Murder Charge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Peter Kiprono Siglai
Applicant
Procedural Posture
Criminal Case / Ruling on Bail Application 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, despite the constitutional right to bail, the pre-bail report was not comprehensive and did not assist the court in appreciating the home environment as required. The court was not persuaded to grant bond in the circumstances, noting the seriousness of the offence and the lack of sufficient information to ensure the safety and suitability of release. Therefore, the accused was ordered to remain in custody pending trial or until further orders of the court.
Court Disposition
bail denied; accused to remain in custody pending trial
Orders
- The accused shall remain in custody pending trial or until further orders of this court.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BOMET
CRIMINAL CASE NO. 7 OF 2020
REPUBLIC..................................................................................PROSECUTOR
VERSUS
PETER KIPRONO SIGLAI..............................................................ACCUSED
RULING
1. The accused Peter Kiprono Siglai is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. He is alleged to have murdered Kenneth Kiprotich Kosgei on the 27th day of March 2020 at Kapkimolwa, Keneni village within Bomet County.
2. The accused took plea on 3/11/2020 and denied the charge. His counsel Ms. Chemutai asked the court to direct the filing of a pre-bail report. When the matter came up on 2/12/2020, Ms. Chirchir made an application for the accused to be released on bail pending trial and prayed for favourable bond terms. On his part, Mr. Mureithi Principal Prosecution Counsel submitted that the prosecution had no compelling reasons and left the matter to the court’s discretion.
3. I have considered the application. Needless to state, the Accused person has a constitutional right to bail or bond pending trial. The only limitation under Article 49(1)(h) of the Constitution is where there are compelling reasons not to grant bail. It is the practice that such reasons should be brought before the court by the prosecution. It is however trite that the court retains the discretion to grant or deny bail while taking into consideration the circumstances of each case.
4. In this case, the pre-bail report states that the accused lost his temper and killed the deceased who was alleged to be his wife’s lover. The report does not go further to show the circumstances of the offence and only states that both the victim’s family and the accused’s family were supportive of his release on bond. In sum, the report is not comprehensive and does not assist the court in appreciating the home environment as required.
5. In the circumstances of this case, I am persuaded not to grant the accused bond. He shall remain in custody pending trial or until further orders of this court.
6. Orders accordingly.
Ruling delivered, dated and signed this 16th day of December, 2020.
..............................
R. LAGAT-KORIR
JUDGE
Ruling delivered in the presence of the Accused, Ms. Chemutai holding brief for Mr. Kadet, Mr. Mureithi for the DPP, and Kiprotich (Court Assistant).