[2021] KEHC 4375 (KLR)

[2021] KEHC 4375 (KLR)

The court found that although bail is a constitutional right, it is not absolute and may be limited where there are compelling reasons. The prebail assessment report provided credible evidence that the accused was a flight risk, having evaded arrest for over a year by hiding in Nairobi and only returning home at...

Source-derived case information.

Citation
[2021] KEHC 4375 (KLR)
Parties
Applicant: Republic of Kenya; Defendant: Lucas Onyango Walo
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Judgment Date
30 July 2021
Case Number
Criminal Case E005 of 2021
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Outcome
application for bail pending trial dismissed; accused to remain in custody until trial
Judges
RE Aburili
Legal Topics
Bail Pending Trial, Flight Risk, Witness Interference, Constitutional Rights, Murder Charge
Source Language
english
Criminal Law Bail Pending Trial Flight Risk Witness Interference Constitutional Rights Murder Charge

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Summary, issues, holding and outcome

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Parties

Republic of Kenya

Applicant

Lucas Onyango Walo

Defendant

Procedural Posture

Bail Application / Ruling on Bail Pending Trial

Legal Issues

  1. 1 Whether the accused should be released on bail or bond pending trial for the offence of murder.
  2. 2 Whether there are compelling reasons to deny the accused bail as provided under Article 49(1)(h) of the Constitution.
  3. 3 Whether the accused poses a flight risk or is likely to interfere with witnesses if released on bail.

Ratio Decidendi

The court found that although bail is a constitutional right, it is not absolute and may be limited where there are compelling reasons. The prebail assessment report provided credible evidence that the accused was a flight risk, having evaded arrest for over a year by hiding in Nairobi and only returning home at night. The report also indicated that witnesses and the victim's family feared for their safety, with some relocating due to threats allegedly made by the accused. The accused did not controvert these allegations or provide assurances regarding his future conduct or fixed abode. The court concluded that releasing the accused on bail would likely jeopardize the trial by making it...

Court Disposition

application for bail pending trial dismissed; accused to remain in custody until trial

Orders

  • The application for release of the accused on bail/bond pending trial is dismissed.
  • The accused shall remain in custody until the hearing date fixed for 12.10.2021.