[2024] KEHC 13397 (KLR)
The court found that the prosecution's concerns regarding possible interference with witnesses did not amount to compelling reasons to deny bail. The accused's personal circumstances, including being the sole caregiver to eight children and his wife's incarceration, were considered. The court emphasized the...
Source-derived case information.
- Citation
- [2024] KEHC 13397 (KLR)
- Parties
- Applicant: Republic; Defendant: Baraka Said alias Mweke
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E003 of 2024
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- bail granted with conditions
- Judges
- AN Ongeri
- Legal Topics
- Bail Application, Compelling Reasons, Presumption of Innocence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Baraka Said alias Mweke
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused person should be granted bail pending trial.
- 2 Whether there are compelling reasons to deny the accused bail under Article 49 of the Constitution.
Ratio Decidendi
The court found that the prosecution's concerns regarding possible interference with witnesses did not amount to compelling reasons to deny bail. The accused's personal circumstances, including being the sole caregiver to eight children and his wife's incarceration, were considered. The court emphasized the constitutional right to bail and the presumption of innocence, concluding that adequate conditions could be imposed to mitigate any risk of interference. Consequently, the accused was granted bond with conditions to report regularly to the police and not interfere with witnesses.
Court Disposition
bail granted with conditions
Orders
- The accused is granted bond of Kshs. 500,000 with one surety of similar amount.
- The accused shall report to the OCS Taveta Police Station once every month until further directions from the court.
Full Case Text
Judgment text and source record
25 paragraphs
Republic v Said alias Mweke (Criminal Case E003 of 2024) [2024] KEHC 13397 (KLR) (5 November 2024) (Ruling)
Neutral citation: [2024] KEHC 13397 (KLR)
Republic of Kenya
In the High Court at Voi
Criminal Case E003 of 2024
AN Ongeri, J
November 5, 2024
Between
Republic
Prosecutor
and
Baraka Said alias Mweke
Accused
Ruling
1. I have considered the application for bail which is opposed by the prosecution.
2. Every accused person is entitled to bail under Article 49 of the Constitution unless there are compelling reasons why he should not be released.
3. I have considered the bail assessment report which states that the accused person is a middle aged man (aged 54) with 8 children all aged below 18 years.
4. His wife is currently serving a jail term at Wundanyi Women Prison.
5. The report states that if the accused person is released on bail adequate measures should be put in place to ensure that he does not interfere with the witnesses.
6. I find that that is not a compelling reason why the accused should be denied bond. Every accused person is presumed innocent until proved guilty.
7. I grant the accused person a bond of Kshs. 500,000/= with one surety of similar amount.
8. The accused person in addition to report to the OCS Taveta Police Station once every month until further directions from this court.
9. The Defence Counsel to be supplied with the witness statements and all documents which the prosecution will rely on within 7 days of this date.
10. Mention on 17th December 2024 for the pre-trial conference and for a hearing date.
DATED, SIGNED AND DELIVERED THIS 5TH DAY OF NOVEMBER 2024 IN OPEN COURT AT VOI.ASENATH ONGERIJUDGEIn the presence of:-Maina/Trizah – Court AssistantsProsecutor: Frank SirimaMr. Mwazighe for Mr. Mwandoto for the accused person