[2013] KEHC 2104 (KLR)
The court found that the prosecution failed to demonstrate any compelling reasons to deny the accused bail. The right to bail is constitutionally guaranteed unless the prosecution can show valid grounds for its denial. In the absence of such reasons, the accused is entitled to be released on reasonable bond terms.
Source-derived case information.
- Citation
- [2013] KEHC 2104 (KLR)
- Parties
- Respondent: Republic; Applicant: Tekla Chepkurgat Korir
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 62 of 2013
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail granted
- Judges
- AW Macharia
- Legal Topics
- Bail Application, Compelling Reasons, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Tekla Chepkurgat Korir
Applicant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether compelling reasons exist to deny the accused bail pending trial.
Ratio Decidendi
The court found that the prosecution failed to demonstrate any compelling reasons to deny the accused bail. The right to bail is constitutionally guaranteed unless the prosecution can show valid grounds for its denial. In the absence of such reasons, the accused is entitled to be released on reasonable bond terms.
Court Disposition
bail granted
Orders
- The accused is admitted to a bond of Ksh. 500,000 with one surety of a similar amount.
- The surety shall be assessed by the Deputy Registrar of the Court.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT ELDORET
CRIMINAL CASE NO. 62 OF 2013
REPUBLIC …................................................... PROSECUTOR/RESPONDENT
VERSUS
TEKLA CHEPKURGAT KORIR ............................... ACCUSED/APPLICANT
RULING
I have considered the application, the Replying Affidavit by Chief Inspector David Mwangi who is the investigating officer herein and the submissions by the respective counsel on record. It is my view that no compelling reasons have been demonstrated to warrant this court not to grant bail to the accused.
Accordingly I admit the accused to a bond of Ksh. 500,000/= with one surety of a similar amount. The surety shall be assessed by the Deputy Registrar of this Court.
DATED and DELIVERED at ELDORET this 8th day of August, 2013.
G. W. NGENYE – MACHARIA
JUDGE
In the presence of: