[2019] KEHC 5083 (KLR)

[2019] KEHC 5083 (KLR)

The court held that bail pending trial is a constitutional right under Article 49(1)(h) and can only be denied if the State demonstrates compelling reasons. In this case, the State did not oppose the application and no compelling reasons were presented. The pre-bail report did not reveal any significant risk of...

Source-derived case information.

Citation
[2019] KEHC 5083 (KLR)
Parties
Respondent: The State; Applicant: Evans Nzau Ithoka
Court
High Court
Court Station
High Court at Machakos
Jurisdiction
Kenya
Judgment Date
1 August 2019
Case Number
Criminal Case 7 of 2019
Procedural Posture
Criminal Case / Bail Application Pending Trial
Outcome
application_allowed
Judges
BC Koech
Legal Topics
Bail Pending Trial, Presumption of Innocence, Compelling Reasons for Detention
Source Language
english
Criminal Law Bail Pending Trial Presumption of Innocence Compelling Reasons for Detention

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

The State

Respondent

Evans Nzau Ithoka

Applicant

Procedural Posture

Criminal Case / Bail Application 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 What conditions, if any, should be attached to the grant of bail.

Ratio Decidendi

The court held that bail pending trial is a constitutional right under Article 49(1)(h) and can only be denied if the State demonstrates compelling reasons. In this case, the State did not oppose the application and no compelling reasons were presented. The pre-bail report did not reveal any significant risk of absconding or threat to the accused or the community. Although there were allegations regarding the accused's movements and community concerns, the clan chairman did not oppose bail and was willing to assist. The court found that the accused should be granted bail with conditions to ensure attendance at trial, as there were no sufficient grounds to deny the constitutional right to...

Court Disposition

application_allowed

Orders

  • The accused is released on bond pending trial in the sum of Kenya shillings One Million plus one surety of like amount.
  • The surety shall be approved by the Deputy Registrar of this court.