[2017] KEHC 847 (KLR)

[2017] KEHC 847 (KLR)

The court found that the accused, charged with murder, is constitutionally entitled to bail unless the prosecution demonstrates compelling reasons to deny it. In this case, the prosecution did not provide any such reasons. Therefore, the court exercised its discretion to grant bail, setting the terms at a personal...

Source-derived case information.

Citation
[2017] KEHC 847 (KLR)
Parties
Defendant: EDWIN GIKIRA OBERI; Respondent: STATE
Court
High Court
Court Station
High Court at Nyamira
Jurisdiction
Kenya
Judgment Date
7 November 2017
Case Number
Criminal Case 2 of 2017
Procedural Posture
Criminal Case / Ruling on Bail Application
Outcome
bail granted
Judges
CB Nagillah
Legal Topics
Bail and Bond, Murder Charges, Constitutional Rights, Compelling Reasons
Source Language
english
Criminal Law Bail and Bond Murder Charges Constitutional Rights Compelling Reasons

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Summary, issues, holding and outcome

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Parties

EDWIN GIKIRA OBERI

Defendant

STATE

Respondent

Procedural Posture

Criminal Case / Ruling on Bail Application

Legal Issues

  1. 1 Whether the accused is entitled to bail pending trial for the offence of murder.
  2. 2 Whether the prosecution has provided compelling reasons to deny bail.

Ratio Decidendi

The court found that the accused, charged with murder, is constitutionally entitled to bail unless the prosecution demonstrates compelling reasons to deny it. In this case, the prosecution did not provide any such reasons. Therefore, the court exercised its discretion to grant bail, setting the terms at a personal bond of Ksh. 500,000 with one surety of a similar amount, subject to court approval. The accused is required to attend court monthly for mentions until the case is determined, with the bond liable to cancellation and the surety called to account in case of default.

Court Disposition

bail granted

Orders

  • The accused is released on personal bond of Ksh. 500,000 with one surety of similar amount, to be approved by the court.
  • The accused must attend court every month for mention of the case until determination.