[2012] KEHC 803 (KLR)

[2012] KEHC 803 (KLR)

The court found that the accused is entitled to bail as a constitutional right unless compelling reasons are shown to deny it. The State did not present any compelling reasons to oppose bail. The court considered the accused's health condition (asthma), the welfare of his three children, and the Probation Officer's...

Source-derived case information.

Citation
[2012] KEHC 803 (KLR)
Parties
Respondent: Republic; Applicant: Stephen Kiprono Tonui alias Pastor
Court
High Court
Court Station
High Court at Kericho
Jurisdiction
Kenya
Judgment Date
13 November 2012
Case Number
Criminal Case 9 of 2012
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Outcome
Bail granted to the accused pending trial.
Judges
LN Mutende
Legal Topics
Bail Pending Trial, Compelling Reasons, Right to Bail, Murder Charge
Source Language
english
Criminal Law Bail Pending Trial Compelling Reasons Right to Bail Murder Charge

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Republic

Respondent

Stephen Kiprono Tonui alias Pastor

Applicant

Procedural Posture

Bail Application / Ruling on Bail Pending Trial

Legal Issues

  1. 1 Whether the accused is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
  2. 2 Whether there are compelling reasons to deny the accused bail.
  3. 3 Whether the accused's health and family circumstances warrant release on bail.

Ratio Decidendi

The court found that the accused is entitled to bail as a constitutional right unless compelling reasons are shown to deny it. The State did not present any compelling reasons to oppose bail. The court considered the accused's health condition (asthma), the welfare of his three children, and the Probation Officer's report recommending release on bail due to ongoing customary cleansing ceremonies and the children's need for the accused's presence. In the absence of opposition and compelling reasons, the court granted bail on reasonable terms.

Court Disposition

Bail granted to the accused pending trial.

Orders

  • The accused is granted bail of Kshs. 500,000 with two sureties of a similar sum.