[2019] KEHC 52 (KLR)
The court found that the accused, charged with murder, is entitled to bail under Article 49(1)(h) of the Constitution unless compelling reasons are shown. The prosecution did not oppose the application and the pre-bail report was favourable. The court found no compelling reasons to deny bail and exercised its...
Source-derived case information.
- Citation
- [2019] KEHC 52 (KLR)
- Parties
- Respondent: Republic; Applicant: Robert Kiplangat Kirui
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 25 of 2018
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- application for bail allowed
- Judges
- GMA Dulu
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Right to Bail, Pre Bail Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Robert Kiplangat Kirui
Applicant
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under Article 49(1)(h) of the Constitution of Kenya 2010.
- 2 Whether there are compelling reasons to deny the accused bail.
Ratio Decidendi
The court found that the accused, charged with murder, is entitled to bail under Article 49(1)(h) of the Constitution unless compelling reasons are shown. The prosecution did not oppose the application and the pre-bail report was favourable. The court found no compelling reasons to deny bail and exercised its discretion to grant bail on specified terms, emphasizing the constitutional right to bail and the absence of any evidence or argument justifying denial.
Court Disposition
application for bail allowed
Orders
- The accused will be released on signing his own bond of Kshs.300,000 with one surety of similar amount.
- In the alternative, the accused will be released on paying cash bail of Kshs.200,000.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BOMET
CRIMINAL CASE NO. 25 OF 2018
REPUBLIC..............................................................PROSECUTOR
VERSUS
ROBERT KIPLANGAT KIRUI..................................ACCUSED
RULING
1. Before me is an application brought by way of Notice of Motion dated 28th November, 2019 and filed on 2nd December 2019 for bail pending trial filed through counsel M/s P. Sang and Company Advocates on behalf of the accused.
2. The application was filed with a supporting affidavit sworn on 28th November, 2019 by Rogers Mugumya Advocate.
3. Mr. Mugumya for the accused urged the court on 2nd December, 2019 that the application be allowed. Mr. Murithi for the Republic did not oppose the application, as the pre-trial report filed by the Probation Officer Bomet was favourable to the request for bail, and left the matter to the court’s discretion.
4. The accused stands charged with murder Contrary to Section 203 and read with Section 204 of the Penal Code and two (2) prosecution witnesses have already testified. I have perused the pre-bail report dated 2nd December 2019 signed and filed by Joel Nyaribo Probation Officer Bomet which recommended that the accused may be released on bail.
5. Every arrested person in Kenya has a right to be released on bail irrespective of the seriousness of the offence unless there are compelling reasons to deny him or her bail/bond. This position is clearly spelt out under Article 49(1) (h) of the Constitution of Kenya 2010, which states as follows:_
49(1) An arrested person has the right .
(h) to be released on bond or bail, on reasonable conditions pending a charge or trial, unless there are compelling reasons not be released.
6. The Republic through Mr. Murithi has not opposed bail, which means that that they do not have compelling reasons to support denial of bail to the accused. I myself do not see any compelling reasons for denial of bail. I this allow the application and order as follows:-
(a) The accused will be released on signing his own bond of Kshs.300,000/= with one surety of similar amount.
(b) In the alternative he will be released on paying cash bail of Kshs.200,000/=.
(c) He will not interfere with prosecution witnesses.
(d) He will attend every mention of the case and hearing until the case is finalized.
Dated at Bomet this 5th December 2019.
GEORGE DULU
JUDGE