[2014] KEHC 343 (KLR)

[2014] KEHC 343 (KLR)

The court found that, although the social assessment report was favourable to the accused and recommended bond, the bail assessment report was not favourable and rejected recommending release on bond. The State did not file an affidavit in reply to the application. Given the unfavourable bail assessment report, the court determined that there were compelling reasons to deny the accused bond at this stage. The defence counsel was granted liberty to reapply for bond at a later date.

Citation
[2014] KEHC 343 (KLR)
Parties
Defendant: Peter Kerongo Kerongo; Respondent: State
Court
High Court
Court Station
High Court at Kisii
Jurisdiction
Kenya
Judgment Date
21 October 2014
Case Number
Criminal Case 47 of 2014
Procedural Posture
Criminal Murder Case / Ruling on Bail Application
Outcome
bond denied
Legal Topics
Bail Application, Compelling Reasons, Murder Charge
Source Language
English
Criminal Law Bail Application Compelling Reasons Murder Charge

Case Brief

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Parties

Peter Kerongo Kerongo

Defendant

State

Respondent

Procedural Posture

Criminal Murder Case / Ruling on Bail Application

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.

Ratio Decidendi

The court found that, although the social assessment report was favourable to the accused and recommended bond, the bail assessment report was not favourable and rejected recommending release on bond. The State did not file an affidavit in reply to the application. Given the unfavourable bail assessment report, the court determined that there were compelling reasons to deny the accused bond at this stage. The defence counsel was granted liberty to reapply for bond at a later date.

Court Disposition

bond denied

Orders

  • Bond is denied to the accused.
  • Defence counsel may reapply for bond.