[2016] KEHC 7730 (KLR)
The court held that bail is a constitutional right that can only be denied for compelling reasons. In this case, the State did not present any compelling reasons to oppose bail and, in fact, conceded to the application. The court considered the applicant's compliance with previous court orders, the absence of risk...
Source-derived case information.
- Citation
- [2016] KEHC 7730 (KLR)
- Parties
- Respondent: Republic; Applicant: Rajab Kipkogei Korir
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 17 of 2016
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- application_allowed
- Judges
- J Wakiaga
- Legal Topics
- Bail Pending Trial, Constitutional Rights of Accused, Compelling Reasons for Bail, Pre Bail Report, Right to Health
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Rajab Kipkogei Korir
Applicant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the applicant is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there are compelling reasons to deny the applicant bail.
- 3 Whether the applicant's medical condition justifies release on bail.
Ratio Decidendi
The court held that bail is a constitutional right that can only be denied for compelling reasons. In this case, the State did not present any compelling reasons to oppose bail and, in fact, conceded to the application. The court considered the applicant's compliance with previous court orders, the absence of risk to prosecution witnesses due to the applicant's transfer from Makongeni Police Station, and the applicant's medical condition, which could not be adequately managed in remand prison. The court further found that denying bail would infringe on the applicant's constitutional right to health. Therefore, the application for bail was allowed, subject to stringent bond and surety...
Court Disposition
application_allowed
Orders
- The accused is released on bond of Kshs.1,000,000/- with two sureties of similar amount.
- Alternatively, the accused may be released on cash bail of Kshs.500,000/- together with bond of Kshs.500,000/- with one surety.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
HIGH COURT CRIMINAL CASE NO 17 OF 2016
REPUBLIC.................................................................PROSECUTOR
VERSUS
RAJAB KIPKOGEI KORIR...............................................ACCUSED
RULING
1. By a Notice of Motion dated 24/2/2016 the applicant moved this court under the provisions of Article 49(1)(h) of the Constitution of Kenya 2010 and Section 66 of Criminal Procedure Code to be released on bail pending trial which application was supported by the annexed affidavit sworn by the applicant on the same date in which it was deponed that he is currently attached to Nangili patrol base and a resident of UASIN GISHU County.
2. It was deponed further that when he was ordered in Misc. Criminal Application No. 36 of 2016 to present himself before Central police station on 8/2/2016; He did comply with the said court order and presented himself to the said police station and subsequently appeared in court for the purposes of taking plea herein.
3. It was further stated that the applicant is not in good health having been operated on in October, 2015 which medical condition was supported by the attached medical records which I have had the advantage of perusing.
4. When this matter came up before Justice Lesiit for plea taking, the state through Mr. Kemo indicated that they shall not be opposing the application by the applicant to be granted bail and the Judge ordered for social inquiry report which has now been filed before me and in which apart from the reservations by the sister of the deceased against the accused person being released on bond has recommended that based on the medical condition of the accused the same be released on bond.
5. Bond is now a constitutional right of every accused person under Article 49 (1) (h) which can only be denied when there are compelling reasons to do so. In this matter the State has not offered any compelling reasons before court having conceded to the application.
6. I have looked at the pre-bail report and noted that the accused person has since been transferred from Makongeni Police station and will therefore not be in opposition to be in contact with the prosecution witnesses.
7. The accused who is at the stage presumed to be innocent is further suffering from a medical condition which cannot be managed at the remand prison and should the same be denied bond at this stage shall have been denied his constitutional right to health under Article 43(1) (a) to the highest attainable standard of health which include the right to health care services.
8. I would therefore allow the application herein and noting the nature of the offence the accused is charged with, order that he be released on bond on the following terms:-
a. Bond of Kshs.1,000,000/- with two sureties of similar amount.
b. In the alternative cash bail of Kshs.500,000/- together with bond of Kshs.500,000/- with one surety.
c. During the period of this trial the accused person shall not be in contact with any of the prosecution witnesses whose witness statements have been given to the accused and shall not go to Makongeni Police Station or be in touch with any of the police officers at that station in any manner whatsoever.
DATED, DELIVERED and SIGNED at Nairobi this 3rd day of March, 2016.
…………………………………….
J. WAKIAGA
JUDGE
In the presence of
Mr. Mwenda for the state
Mr. Komen for the accused
Accused present
Tabitha court clerk