[2020] KEHC 7315 (KLR)
The court found that the prosecution did not present any compelling reasons to deny the accused bail. The pre-bail report indicated the accused was not a flight risk and had a fixed abode. In the absence of any objection or evidence to the contrary, and in line with Article 49(1)(h) of the Constitution, the accused...
Source-derived case information.
- Citation
- [2020] KEHC 7315 (KLR)
- Parties
- Respondent: Republic; Applicant: Willy Masika Wafula
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 23 of 2019
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- bail granted
- Judges
- GMA Dulu
- Legal Topics
- Bail Application, Murder Charge, Compelling Reasons, Pre Bail Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Willy Masika Wafula
Applicant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for a charge of murder.
- 2 Whether there exist compelling reasons to deny the accused bail.
Ratio Decidendi
The court found that the prosecution did not present any compelling reasons to deny the accused bail. The pre-bail report indicated the accused was not a flight risk and had a fixed abode. In the absence of any objection or evidence to the contrary, and in line with Article 49(1)(h) of the Constitution, the accused was entitled to bail on reasonable conditions. The court therefore allowed the application for bail, setting the terms accordingly.
Court Disposition
bail granted
Orders
- The accused is released on his own bond of Kshs.300,000 with one surety of similar amount.
- Alternatively, the accused may be released on cash bail of Kshs.200,000.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
CRIMINAL CASE NO.23 OF 2019
REPUBLIC...............................................................PROSECUTOR
VERSUS
WILLY MASIKA WAFULA..........................................ACCUSED
RULING ON BAIL
1. In this matter where the accused person stands charged with murder contrary to section 203 as read with section 204 of the Penal Code, the accused has filed an application dated 31st July 2019 for bail through counsel Kemboi and Cosmas advocates.
2. A pre-bail report was later filed prepared by Daniel K. Ngetich – Probation Officer Kericho dated 30th October 2019 in which it was recorded that the accused was a person of fixed abode and not a flight risk.
3. The Assistant Director of Public Prosecutions Mr. Ayodo has relied on the pre-bail report.
4. Under Article 49(1) (h) of the Constitution of Kenya 2010, every arrested person has a right to be released on bail or bond on reasonable conditions unless there exist compelling reasons for denial of bail. The Article provides as follows -
49(1) An arrested person has the right.
(h) to be released on bond or bail, on reasonable conditions, pending charge or trial, unless there are compelling reasons not to be released.
5. In the present case, the state has not brought to this court any reasons for denial of bail. They have relied on the pre-bail report which recommends release of the accused person on bail. I myself do not see any compelling reason to deny the accused person bail.
6. Thus allow the application and order as follows–
1. The accused person herein will be released on signing his own bond of Kshs.300,000/= with one surety of similar amount.
2. In the alternative, he will be released on paying cash bail of Kshs.200,000/=.
3. He will not interfere with prosecution witnesses.
4. He will attend every mention and hearing of the case until the case is finalized.
Dated and delivered at Kericho this 12th March 2020.
GEORGE DULU
JUDGE