[2019] KEHC 4417 (KLR)
The court found that, since the crucial prosecution witnesses had already testified and the State did not provide any specific compelling reasons for continued denial of bail, the constitutional right to bail under Article 49 should be upheld. The court determined that there were no longer any compelling reasons to...
Source-derived case information.
- Citation
- [2019] KEHC 4417 (KLR)
- Parties
- Applicant: Republic; Defendant: Shadrack Ngeno Kibet; Defendant: Charles Kiplangat Bosuben
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 5 of 2018
- Procedural Posture
- Criminal Case / Bail Application
- Outcome
- bail_granted
- Judges
- GMA Dulu
- Legal Topics
- Bail Application, Pretrial Release, Compelling Reasons, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Shadrack Ngeno Kibet
Defendant
Charles Kiplangat Bosuben
Defendant
Procedural Posture
Criminal Case / Bail Application
Legal Issues
- 1 Whether the accused persons are entitled to bail pending trial under Article 49 of the Constitution.
- 2 Whether there are compelling reasons to deny bail to the accused persons.
Ratio Decidendi
The court found that, since the crucial prosecution witnesses had already testified and the State did not provide any specific compelling reasons for continued denial of bail, the constitutional right to bail under Article 49 should be upheld. The court determined that there were no longer any compelling reasons to justify the continued detention of the accused persons. Accordingly, the court granted bail to both accused persons, subject to specified conditions to ensure their attendance at trial and non-interference with witnesses.
Court Disposition
bail_granted
Orders
- Each accused may be released on signing their own bond of KES 500,000 and one surety of the same amount.
- Alternatively, each accused may be released on paying cash bail of KES 300,000.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO.5 OF 2018
REPUBLIC.............................................................PROSECUTION
VERSUS
SHADRACK NGENO KIBET..................................1st ACCUSED
CHARLES KIPLANGAT BOSUBEN...................2ND ACCUSED
RULING
1. This is a second request for bail after a previous one was declined by the court to await the testimony of some witnesses.
2. The State still opposes the request for bail, but not on any specific reason. The Prosecution Counsel confirms that the crucial witnesses have already testified.
3. Fresh pre-bail reports have been filed, in respect of each of the two accused persons herein.
4. Article 49 of the Constitution of Kenya 2010 confers a right on all arrested persons to be released on bail unless there are compelling reasons to justify denial of bail. I see no compelling reasons now for denial of bail.
5. I release each of the two accused on bail on the following conditions:
a) Each of the accused may be released on signing their own bond of kshs.500,000/- and one surety of same amount.
b) In the alternative each of them may be released on paying cash bail of kshs.300,000/-.
c) They will not interfere with prosecution witnesses.
d) They will attend every mention and the hearing of the case until it is finalized.
Dated at Kericho this 17th September 2019.
GEORGE DULU
JUDGE