[2014] KEHC 316 (KLR)
The court found that the prosecution did not object to the accused's release on bond and failed to provide any compelling reasons to justify denial of bail. The social assessment (pre-bail probation) report was favourable to the accused and recommended the granting of bond. In the absence of any adverse factors or...
Source-derived case information.
- Citation
- [2014] KEHC 316 (KLR)
- Parties
- Respondent: Republic of Kenya; Applicant: Robert Nyagame Chacha
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 16 of 2014
- Procedural Posture
- Criminal Murder Case / Ruling on Bail Application Pending Trial
- Outcome
- application for bail allowed
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Murder Charge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic of Kenya
Respondent
Robert Nyagame Chacha
Applicant
Procedural Posture
Criminal Murder Case / Ruling on Bail Application Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there are compelling reasons to deny the accused bail.
Ratio Decidendi
The court found that the prosecution did not object to the accused's release on bond and failed to provide any compelling reasons to justify denial of bail. The social assessment (pre-bail probation) report was favourable to the accused and recommended the granting of bond. In the absence of any adverse factors or objections, and in line with the constitutional right to bail, the court held that the accused was entitled to be released on bond pending trial. The court therefore allowed the application and set the terms of release accordingly.
Court Disposition
application for bail allowed
Orders
- The accused is to be released on his own personal bond of KES 500,000 with two sureties of similar amounts to be approved by the Deputy Registrar.
- Upon release, the accused shall attend court for the mention of his case once a month until the case is heard and determined.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL (MURDER) CASE NO. 16 OF 2014
STATE…………………………………..PROSECUTOR
VERSUS
ROBERT NYAGAME CHACHA………………………ACCUSED
RULING
The accused herein, Robert Nyagame Chacha, is charged with murder contrary to Section 203 as read with section 204 of the Penal Code. It is alleged that he murdered David chacha on the 15th day of October, 2013 at Bogitaa Sublocation Riana Location in Kisii south within Kisii county in the Republic of Kenya. He denied the charge. He now wants this honourable court to release him on bond pending the hearing and determination for his case.
This application is brought under article 49(1)(h). Under that article an accused has a right to be released on bond or bail, on reasonable conditions pending a trial unless there are compelling reasons not to be released. The state has a duty to show the court that there are compelling reasons why the accused in this case cannot be released on bond.
In this case the state raised no objection to bond application in their affidavit filed in court. The purpose of granting bail is to secure the attendance of the accused in court from the safety of his own home environment. The social assessment report is also favourable to the accused, bond is recommended.
In the circumstances, I find that since the prosecution has no objection to the accused be released on bond and the pre-bail probation report is favourable, thus there are no compelling reasons why the accused’s application should not be granted. It is important to note that there is no social assessment report in court file.
Accordingly, I allow the application and order that the accused is to be released on his own personal bond of kshs. 500,000/- with two sureties of similar amounts to be approved by the Deputy Registrar of this court.
Upon his release, the accused shall attend court for the mention of his case once a month until the case is heard and determined. The first such mention shall be on the 1st of December, 2014.
It is so ordered.
Ruling dated and delivered at Kisii this 21st day of October, 2014.
C.B. NAGILLAH,
JUDGE.
In the presence of:-
Mageto holding brief for Ayienda for the applicant
Otieno for the state.
Edwin Mongare Court Clerk.