[2020] KEHC 6355 (KLR)
The court found that bail is a constitutional right under Article 49(1)(h) of the Constitution of Kenya. The pre-bail report recommended release, citing the accused's young dependent children and family support. The prosecution did not oppose the application, and no compelling reasons were presented to justify...
Source-derived case information.
- Citation
- [2020] KEHC 6355 (KLR)
- Parties
- Respondent: Republic; Applicant: Regina Chepngeno Langat
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Criminal Case Case19 of 2019
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail_granted
- Judges
- GMA Dulu
- Legal Topics
- Bail Application, Murder Charge, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Regina Chepngeno Langat
Applicant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for a murder charge.
- 2 Whether there are compelling reasons to deny bail to the accused.
Ratio Decidendi
The court found that bail is a constitutional right under Article 49(1)(h) of the Constitution of Kenya. The pre-bail report recommended release, citing the accused's young dependent children and family support. The prosecution did not oppose the application, and no compelling reasons were presented to justify denial of bail. Therefore, the court allowed the application and set reasonable bail terms.
Court Disposition
bail_granted
Orders
- The accused is released on her own bond of Kshs.200,000 with one surety of similar amount.
- Alternatively, the accused may be released on payment of cash bail of Kshs.100,000.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BOMET
CRIMINAL CASE NO.19 OF 2019
REPUBLIC........................................PROSECUTOR
VERSUS
REGINA CHEPNGENO LANGAT.........ACCUSED
RULING
1. In this matter where the accused person stands charged with murder, counsel for the accused Mr. Koskei has made an oral application for bail. Mr. Murithi, the Principal Prosecuting Counsel has left the matter to the court for decision.
2. I note that a pre-bail report prepared b Ezekiel Lagat Probation Officer Bomet on 3/12/2019 was filed, in which it was recommended that the accused be granted bail as she has young children to care for.
3. Bail is a constitutional right as provided for under Article 49(1)(h) of the Constitution which states as follows -
“49 (1) an arrested person has the right –
(h) to be released on bond or bail, on reasonable conditions, pending charge or trial, unless there are compelling reasons not to be released”.
4. I note that the state does not oppose the release of the accused on bail. From the pre-bail report, there is no doubt that she has young dependent children, and that her family are willing to support her. In those circumstance, I see no compelling reason that would justify this court to deny the accused person herein his right to bail
5. I thus allow the application and order as follows–
1. The accused herein will be released on signing her own bond of Kshs.200,000/= with one surety of similar amount.
2. In the alternative, she will be released on payment of cash bail of Kshs.100,000/=.
3. She will not interfere with prosecution witnesses.
4. She will attend every mention of the case and the hearing until the case is finally determined.
Dated this 30th day of April 2020.
GEORGE DULU
JUDGE
Delivered through video conferencing in the presence of Mr. Langat court assistant, Mr. Musyoka ICT officer, Ms Fundi for state and the accused.