[2020] KEHC 5160 (KLR)
The court held that the right to bail is constitutionally guaranteed under Article 49(1)(h) and may only be denied if the prosecution demonstrates compelling reasons. In this case, the prosecution did not oppose the application and did not present any compelling reasons to deny bail. Therefore, the applicant is...
Source-derived case information.
- Citation
- [2020] KEHC 5160 (KLR)
- Parties
- Applicant: Zaddock Ochuka Ayieko; Respondent: Director of Public Prosecutions (DPP)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 16 of 2020
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- Application for bail allowed.
- Judges
- DO Ogembo
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Constitutional Rights of Accused
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zaddock Ochuka Ayieko
Applicant
Director of Public Prosecutions (DPP)
Respondent
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there exist any compelling reasons to deny the accused bail.
Ratio Decidendi
The court held that the right to bail is constitutionally guaranteed under Article 49(1)(h) and may only be denied if the prosecution demonstrates compelling reasons. In this case, the prosecution did not oppose the application and did not present any compelling reasons to deny bail. Therefore, the applicant is entitled to bail on reasonable terms.
Court Disposition
Application for bail allowed.
Orders
- Accused may be released on a bond of Ksh.500,000 with one surety of a similar amount.
- Accused is ordered never to contact or interfere with any prosecution witnesses directly or indirectly until the case is determined.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL CASE NO. 16 OF 2020
REPUBLIC ..................................................DPP
VERSUS
ZADDOCK OCHUKA AYIEKO......ACCUSED
RULING
The accused person ZADDOCK OCHUKA AYIEKO, has filed this application dated 18. 3.2020 seeking that he be released on bail on reasonable grounds pending trial and determination of his case. The application is supported by the affidavit of his advocate, Mr. Nick Omari, who has accordingly attached various documents in support of the same. The application came up for hearing on 29. 5.2020. On the material date, counsel for the state, Ms. Onunga, intimated to the court that the state does not oppose the application of the applicant.
Pre-trial bail is a constitutional right of every accused person under Article 49(1)(h) of the constitution. The same right can only be denied if the prosecution shows the existence of any compelling reason good enough to justify a denial. In this case, the prosecution has not shown any such compelling reason. In fact, this application for bail is not opposed.
In the circumstances, I allow the applicant’s application dated 18. 3.2020 and order that the accused may be released on the following terms:
i. Accused may be released on a bond of Ksh.500,000/= with 1 surety of a similar amount.
ii. Accused is ordered never to contact and or interfere with any prosecution witnesses either directly or by proxy or agent till this case is determined.
iii. The accused is ordered never to leave the jurisdiction of this court without a specific order of the court till this case is determined.
iv. He is ordered to attend court at all times as may be ordered from time to time till this case is determined.
D. O. OGEMBO
JUDGE
5. 6.2020
Court:
Ruling read out in the presence of Mr. Chadianya/Mr. Omari for the applicant, the applicant and Mr. Okeyo for the state.
D. O. OGEMBO
JUDGE
5. 6.2020