[2015] KEHC 1939 (KLR)

[2015] KEHC 1939 (KLR)

The court found that bail is a constitutional right under Article 49(1)(h) of the Constitution. The prosecution, despite having notice and ample time, failed to provide any compelling reasons or file an affidavit opposing the application for bail. The accused was not shown to be a flight risk, and it was not denied that he presented himself to the police. The court held that it would not aid the prosecution in their indolence and inefficiency. In the absence of opposition and compelling reasons, the accused was entitled to bail pending trial.

Citation
[2015] KEHC 1939 (KLR)
Parties
Respondent: Republic; Applicant: Woli Abdullahi Bare alias Willi
Court
High Court
Court Station
High Court at Kitui
Jurisdiction
Kenya
Judgment Date
6 October 2015
Case Number
Criminal Case 6 of 2015
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Outcome
bail granted
Judges
LN Mutende
Legal Topics
Bail Pending Trial, Constitutional Rights of Accused, Flight Risk Assessment
Source Language
English
Criminal Law Bail Pending Trial Constitutional Rights of Accused Flight Risk Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

Republic

Respondent

Woli Abdullahi Bare alias Willi

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 prosecution's failure to oppose the application justifies granting bail.

Ratio Decidendi

The court found that bail is a constitutional right under Article 49(1)(h) of the Constitution. The prosecution, despite having notice and ample time, failed to provide any compelling reasons or file an affidavit opposing the application for bail. The accused was not shown to be a flight risk, and it was not denied that he presented himself to the police. The court held that it would not aid the prosecution in their indolence and inefficiency. In the absence of opposition and compelling reasons, the accused was entitled to bail pending trial.

Court Disposition

bail granted

Orders

  • The accused is granted bond of Ksh.400,000 with a surety of like sum.