[2014] KEHC 317 (KLR)
The court found that neither the prosecution nor the probation office had provided the necessary materials to guide the court in determining the bond application. In the absence of a state response or a pre-bail assessment report, the court was unable to reach a balanced decision regarding the accused's suitability...
Source-derived case information.
- Citation
- [2014] KEHC 317 (KLR)
- Parties
- Respondent: Republic; Applicant: Salam Obiri
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 89 of 2014
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- bond application dismissed with liberty to renew
- Legal Topics
- Bail and Bond, Murder Charge, Pre Bail Assessment, Compelling Reasons, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Salam Obiri
Applicant
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether the accused is entitled to bond pending trial for a murder charge.
- 2 Whether there are compelling reasons to deny bond to the accused.
- 3 Whether the absence of a pre-bail assessment report and state response affects the determination of the bond application.
Ratio Decidendi
The court found that neither the prosecution nor the probation office had provided the necessary materials to guide the court in determining the bond application. In the absence of a state response or a pre-bail assessment report, the court was unable to reach a balanced decision regarding the accused's suitability for bond. Consequently, the application for bond was dismissed, with liberty to the accused to renew the application upon receipt of the required reports.
Court Disposition
bond application dismissed with liberty to renew
Orders
- Deputy Registrar to call for pre-bail assessment report to assist the court.
- Bond application by the accused is dismissed pending response from the state and the probation office.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 89 OF 2014
REPUBLIC………………………………..…………………………………………….PROSECUTOR
VERSUS
SALAM OBIRI…………………………….………………………………………………….ACCUSED
RULING
This is an application for bond. The accused Salam Obiri is charged with murder. It is alleged that on 2nd August, 2014 at Riontueka sublocation in Nyamache sublocation within Kisii County, murderedCarolyne Moraa Moseti. He denies the offence but now applies to be released on bond.
Article 49(1)(h) of the Constitution authorizes the court to grant bond/bail even in murder cases, unlike in the past. The court is asked to give reasonable terms of bond to the accused person.
It is incumbent upon the prosecution to respond to any application regarding bond to show cause that there are compelling reasons why bond should be denied. The state has not filed its response in this application.
The pre-bail/assessment report is not filed either. It is normally a guide in the absence of the state response. The court has nothing to guide it to reach a balanced view in this application.
The court directs that Deputy Registrar to call for pre-bail assessment report to assist the court. Pending both response from the state and the probation office, the court will dismiss the application for bond by the accused.
The accused may renew the application sometime in future upon receipt of the state response or pre-bail assessment or both.
It is so ordered.
Ruling dated and delivered at KISII this 15th day of December, 2014.
C.B. NAGILLAH,
JUDGE.
In the presence of:-
Bigogo holding brief for Kaburi for the applicant.
Majale for the respondent
Edwin Mongare Court Clerk.