[2020] KEHC 4475 (KLR)
The court found that bail is a constitutional right under Article 49(1)(h) of the Constitution of Kenya 2010, and that the State bears the responsibility of demonstrating compelling reasons to deny bail. In this case, the prosecution did not oppose the application for bail and did not present any compelling reasons....
Source-derived case information.
- Citation
- [2020] KEHC 4475 (KLR)
- Parties
- Respondent: Republic; Applicant: Phylis Kwamboka Orango
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 25 of 2019
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- application_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
Phylis Kwamboka Orango
Applicant
Procedural Posture
Criminal Case / Bail Application Ruling
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 bail is a constitutional right under Article 49(1)(h) of the Constitution of Kenya 2010, and that the State bears the responsibility of demonstrating compelling reasons to deny bail. In this case, the prosecution did not oppose the application for bail and did not present any compelling reasons. The pre-bail report recommended release, and the court found no reason to deny the accused her constitutional right. Accordingly, the application for bail was allowed, subject to conditions to ensure the accused's attendance at trial and non-interference with witnesses.
Court Disposition
application_allowed
Orders
- The accused will be released on signing her own bond of Ksh.300,000 with one surety of similar amount.
- In the alternative, the accused will be released on payment of cash bail of Ksh.200,000.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BOMET
CRIMINAL CASE NO 25 OF 2019
REPUBLIC...................................................PROSECUTOR
VERSUS
PHYLIS KWAMBOKA ORANGO....................ACCUSED
RULING
1. Before me is an application brought by way of Notice of Motion dated 27th November 2019 by counsel seeking the release of the accused person herein Phylis Kwamboka Orango who is charged with murder on bail pending trial. The application was filed under Article 49 (1) (h); 20 (3), 4 and (5); 21 (1); 22 (3) and (4) and 50 (2) (a) of the constitution of Kenya 2010, and Section 123 of the Criminal Procedure Code (Cap 75).
2. The application has grounds on the face of the Notice of Motion and is supported by the affidavit of the accused person sworn on 27th November 2019 in which it was deponed inter alia that the investigations are complete.
3. I note that a pre-bail report dated 7th January 2020 signed by Ezekiel Lagat the Probation Officer Bomet was filed in which it was recommended that the accused may be released on bail.
4. When the case came up for mention before me on 2nd March 2020, counsel for the accused person Mr. Omaiyo urged the court to release her on bail. The Principal Prosecuting Counsel Mr. Murithi on his part did not oppose bail, but left the matter to be decided at the discretion of the court.
5. Bail is a constitutional right. Under Article 49 (1) (h) of the Constitution of Kenya 2010, every arrested person has a right to be released on bail or bond on reasonable terms unless there exist compelling reasons for denial of bail
6. The State it has the primary responsibility of demonstrating any existing compelling reasons has no such compelling reasons, and the Principal Prosecuting Counsel has left the matter to be determined at the court’s discretion.
7. I myself see no compelling reasons to deny the accused person bail herein.
8. I thus allow the application and order as follows:-
1. The accused will be released on signing her own bond of Ksh.300,000/= with one surety of similar amount.
2. In the alternative the accused will be released on payment of cash bail of Ksh.200,000/=
3. The accused will not interfere with prosecution witnesses.
4. The accused will attend every mention and the hearing of the case until it is finalized.
Dated and delivered at Bomet this 5th March 2020.
G. DULU
JUDGE
5/3/2020