[2016] KEHC 1352 (KLR)
The court found that Article 49(1)(h) of the Constitution only restricts the release on bail where there are compelling reasons. In this case, the pre-bail report was favourable, showing the accused had a fixed abode, no prior criminal record, and no objection from the community or the deceased's family. The...
Source-derived case information.
- Citation
- [2016] KEHC 1352 (KLR)
- Parties
- Respondent: Republic; Applicant: Peter Lekupe
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Judgment Date
- 30 November 2016
- Case Number
- Criminal Case 16 of 2016
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail_granted
- Judges
- MM Kasango
- Legal Topics
- Bail Pending Trial, Murder Charge, Compelling Reasons, Pre Bail Report
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Peter Lekupe
Applicant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for the offence of murder.
- 2 Whether there exist compelling reasons to deny the accused bail.
Ratio Decidendi
The court found that Article 49(1)(h) of the Constitution only restricts the release on bail where there are compelling reasons. In this case, the pre-bail report was favourable, showing the accused had a fixed abode, no prior criminal record, and no objection from the community or the deceased's family. The prosecution did not provide any compelling reasons to deny bail. Therefore, the accused was entitled to bail pending trial, subject to bond terms and sureties, with verification of residence by the local chief.
Court Disposition
bail_granted
Orders
- The accused is granted bond of Kshs. 500,000 with two sureties of similar amount.
- The Deputy Registrar shall require a letter from the Maralal chief, William Lesamana, confirming the accused resides within his jurisdiction before approving sureties.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL CASE NO. 16 OF 2016
REPUBLIC ……………………………………….….......…… PROSECUTOR
VERSUS
PETER LEKUPE …………………………………..………..……. ACCUSED
RULING
1. PETER LEKUPE in this matter is charged with the offence of murder contrary to section 203 as read with Section 204 of the Penal Code Cap 63. He pleaded not guilty to the charge and is awaiting trial. He now seeks that he be released on bail pending trial.
2. The probation office has provided a pre bail report which is favourable to the accused being released on bail pending trial. In that report it reflects that the accused has a fixed abode, has no prior criminal record and the community where he comes from, including the deceased family, do not object to his release on bail.
3. Since Article 49(1)(h) only restricts the release on bail of accused person where there are compelling reasons not to release such a person and because in this case there are no such compelling reasons I do grant the accused bond of Kshs.500,000 with two sureties of similar amount. The Deputy Registrar at the time of approving sureties shall require that a letter be presented from the Maralal chief, William Lesamana, confirming that the accused resides within his jurisdiction.
DATED AND DELIVERED THIS 30TH DAY OF NOVEMBER 2016.
MARY KASANGO
JUDGE
CORAM:
Before Justice Mary Kasango
Court Assistant …………………………………………
Accused: Peter Lekupe ………………………………
For accused: ………………………………………………..
For the State: …..............................................
COURT
Ruling delivered in open court.
MARY KASANGO
JUDGE