[2020] KEHC 768 (KLR)
The court found that the prosecution had not provided any compelling reasons to deny the accused bail. The pre-bail report was favourable, indicating support from both families and no history of violence between the accused and the deceased. The court held that, in the absence of compelling reasons, the accused was...
Source-derived case information.
- Citation
- [2020] KEHC 768 (KLR)
- Parties
- Respondent: Republic; Applicant: Robert Kirui
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 16 of 2020
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail_granted
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Murder Charge, Pre Bail Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Robert Kirui
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 are compelling reasons to deny the accused bail.
Ratio Decidendi
The court found that the prosecution had not provided any compelling reasons to deny the accused bail. The pre-bail report was favourable, indicating support from both families and no history of violence between the accused and the deceased. The court held that, in the absence of compelling reasons, the accused was entitled to bail as a constitutional right. Accordingly, the accused was granted bail on the condition of a cash bail of Kshs. 500,000 and was required to attend trial and not impede the proceedings.
Court Disposition
bail_granted
Orders
- The accused is released on a cash bail of Kshs. 500,000.
- The accused shall attend his trial and not impede the trial in any way.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BOMET
CRIMINAL CASE NO. 16 OF 2020
REPUBLIC......................................PROSECUTOR
VERSUS
ROBERT KIRUI.....................................ACCUSED
RULING
1. The accused Robert Kirui is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code CAP 63 laws of Kenya. The particulars of the offence are that on 9th day of July 2020 at Goitab Silibwet in Chepalungu Sub-county within Bomet County murdered Mercy Mutai.
2. The accused took plea before me on 3/11/2020 and denied the charge. His counsel Mr. Mugumya promptly made an application for the accused to be released on reasonable bond terms. On his part Mr. Mureithi learned Principal Prosecution Counsel asked the court to direct that a pre-bail report be filed. The court acceded to the request and directed that the report be filed within 14 days.
3. When the matter came up for hearing on 2/12/2020, Mr. Mugumya prosecuted the bail application. He submitted that the pre-bail report was favourable to the accused and that there were no compelling reasons to deny the accused bail. He further submitted that the Accused was a family man and the breadwinner of his family. On his part Mr. Mureithi left the matter to the discretion of the court.
4. I have considered the application, the respective submissions of the parties and the pre-bail report. Article 49 (1)(h) of the Constitution grants an arrested or accused person the right to be released on bond or bail pending charge or trial, unless there are compelling reasons. It is the duty of the state to bring any compelling reasons to the attention of the court. See R. Vs Danson Mgunya & Anor, 2016 eKLR.
5. The pre-bail report states that the accused and the deceased were related by marriage and that they were also lovers. It states that they had been together prior to the body of the deceased being recovered by the road side. The report however states that notwithstanding the circumstances of her death, the families of both the deceased and the accused were supportive of his release on bond. According to the Probation Officer, the relatives who were interviewed stated that there were no antecedents of violence between the two.
6. As stated above, the prosecution has provided no reason at all for the accused to be denied bail. I am persuaded to grant the Accused bail pending his trial. He is released on a cash bail of five hundred thousand shillings(Kshs.500,000/=). Upon release, he shall ensure that he attends his trial and does not impede the trial in any way.
7. Orders accordingly.
Ruling delivered, dated and signed this 16th day of December, 2020.
..........................
R. LAGAT-KORIR
JUDGE
Ruling delivered in the presence of the Accused, Defence Counsel Mr. Mugumya, Mr. Mureithi for the DPP, and Kiprotich (Court Assistant).