[2020] KEHC 1208 (KLR)
The court found that Article 49(1)(h) of the Constitution guarantees the right to bail unless compelling reasons exist to deny it. Upon reviewing the pre-bail reports, which were favourable, and noting the prosecution's lack of objection, the court determined that there were no compelling reasons to deny bail to the...
Source-derived case information.
- Citation
- [2020] KEHC 1208 (KLR)
- Parties
- Defendant: Vincent Kiprono Langat; Defendant: Amos Kirui Cheruiyot; Appellant: Republic
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 30 of 2018
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- bail granted
- Legal Topics
- Bail Pending Trial, Murder Charge, Compelling Reasons, Pre Bail Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vincent Kiprono Langat
Defendant
Amos Kirui Cheruiyot
Defendant
Republic
Appellant
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the accused persons are entitled to bail pending trial for the offence of murder.
- 2 Whether there exist compelling reasons to deny bail to the accused persons.
Ratio Decidendi
The court found that Article 49(1)(h) of the Constitution guarantees the right to bail unless compelling reasons exist to deny it. Upon reviewing the pre-bail reports, which were favourable, and noting the prosecution's lack of objection, the court determined that there were no compelling reasons to deny bail to the accused persons. The court exercised its discretion to grant bail, subject to conditions designed to ensure the accuseds' attendance at trial and non-interference with witnesses.
Court Disposition
bail granted
Orders
- Each accused shall post cash bail of Kshs.500,000 with one surety of similar amount.
- Alternatively, each accused may execute a personal bond of Kshs.500,000 and provide two sureties of Kshs.500,000 each.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BOMET
CRIMINAL CASE NO. 30 OF 2018
REPUBLIC...............................................................................DPP
VERSUS
VINCENT KIPRONO LANGAT.........................1ST ACCUSED
AMOS KIRUI CHERUIYOT...............................2ND ACCUSED
RULING
1. Vincent Kiprono Langat and Amos Kirui Cheruiyot 1st and 2nd Accused respectively are jointly charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. They are alleged to have murdered Victor Cheruiyot on the 27th day of October 2018 at 1700hours at Kipleljin Sub-location within Bomet County.
2. The two Accused now seek to be released on bail pending their trial. In making the application, Mr. Kipngetich their defence counsel asked the court to release them on reasonable bond terms. Mr. Mureithi for the prosecution submitted that they had no objection if the pre-bail reports were favourable.
3. I have considered the application as well as pre-bail reports in respect of each Accused. The reports are favourable and recommend that the accused be granted bond subject to the court’s discretion.
4. Article 49(1)(h) of the Constitution grants an accused person the right to bail bond pending trial unless there were compelling reasons. In this case, I have found no compelling reason to deny the Accused bond.
5. Each Accused is granted bail/bond on the following conditions:-
i. He shall post cash bail of Kshs.500,000/= with one surety of similar amount.
ii. As an alternative to 1 above, each Accused shall execute a personal bond of Kshs.500,000/= and provide 2 sureties of Kshs.500,000/= each.
iii. He shall not interfere with witnesses in any way.
iv. He shall attend court whenever required and shall not impede the trial in any way.
6. Orders accordingly.
Ruling delivered, dated and signed this 30th day of November, 2020.
..........................
R. LAGAT-KORIR
JUDGE
Ruling delivered in the presence of the Accused, Defence Counsel Mr Koskei, Mr. Waweru holding brief for Mr. Mureithi for the DPP, and Kiprotich (Court Assistant).