[2016] KEHC 5100 (KLR)

[2016] KEHC 5100 (KLR)

The court found that there were no compelling reasons presented by the prosecution to deny the applicant bail. The Constitution provides that bail is a right unless compelling reasons are shown, and the prosecution, after consultation with the investigating officer, conceded that such reasons did not exist in this...

Source-derived case information.

Citation
[2016] KEHC 5100 (KLR)
Parties
Applicant: Samwel Kariuki Kande; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
4 February 2016
Case Number
Criminal Case 95 of 2015
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Outcome
Application for bail allowed with conditions.
Legal Topics
Bail Pending Trial, Compelling Reasons, Murder Charge, Judicial Discretion
Source Language
english
Criminal Law Bail Pending Trial Compelling Reasons Murder Charge Judicial Discretion

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Parties

Samwel Kariuki Kande

Applicant

Republic

Respondent

Procedural Posture

Bail Application / Ruling on Bail Pending Trial

Legal Issues

  1. 1 Whether the applicant is entitled to bail pending trial for a charge of murder.
  2. 2 Whether there are compelling reasons to deny bail under Article 49(1)(h) of the Constitution.

Ratio Decidendi

The court found that there were no compelling reasons presented by the prosecution to deny the applicant bail. The Constitution provides that bail is a right unless compelling reasons are shown, and the prosecution, after consultation with the investigating officer, conceded that such reasons did not exist in this case. The court, exercising its discretion and considering all the facts and circumstances, determined that the applicant should be released on bail with conditions to ensure attendance at trial and non-interference with witnesses.

Court Disposition

Application for bail allowed with conditions.

Orders

  • The accused shall execute a personal bond of Kshs.500,000 and provide one surety of similar amount.
  • The accused shall attend court whenever required until the conclusion of his trial.