[2016] KEHC 8353 (KLR)
The court found that the prosecution failed to provide concrete or compelling reasons to justify denial of bail. The mere assertion that the applicant was a flight risk, based on the seriousness of the charges and his failure to immediately present himself to the police, was insufficient. The offences charged are...
Source-derived case information.
- Citation
- [2016] KEHC 8353 (KLR)
- Parties
- Applicant: William Ntaimenti Kibara; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 412 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling on Bail Application
- Outcome
- bail granted
- Legal Topics
- Bail and Bond, Compelling Reasons, Flight Risk, Traffic Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
William Ntaimenti Kibara
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Bail Application
Legal Issues
- 1 Whether the applicant should be granted bail pending trial in light of the prosecution's opposition.
- 2 Whether the prosecution advanced compelling reasons to justify denial of bail under Article 49(1)(h) of the Constitution.
Ratio Decidendi
The court found that the prosecution failed to provide concrete or compelling reasons to justify denial of bail. The mere assertion that the applicant was a flight risk, based on the seriousness of the charges and his failure to immediately present himself to the police, was insufficient. The offences charged are bailable, and the prosecution did not demonstrate that the applicant lacked a fixed abode or had questionable antecedents. Therefore, the trial magistrate's denial of bail was unjustified, and the applicant was entitled to bail on reasonable terms.
Court Disposition
bail granted
Orders
- The applicant is admitted to a cash bail of Kshs. 150,000 or to a surety bond of Kshs. 500,000 to be assessed by the trial magistrate.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
MISC. CR. APPLICATION NO. 412 OF 2016
WILLIAM NTAIMENTI KIBARA……………..…….APPLICANT
VERSUS
REPUBLIC…………………....……………….....RESPONDENT
RULING
The applicant is the accused in Nairobi Traffic Case No. 9048 of 2016 where he is charged with seven counts under the Traffic Act Cap 403 Laws of Kenya, namely; two counts of causing death by dangerous driving, careless driving, driving a defective motor vehicle, failing to report an accident, driving a motor vehicle on a public road without a driving licence and failing to carry a driving licence. On taking the plea, he applied for bail which the prosecution opposed. The court denied him bail on grounds that he was a flight risk. Under Article 49(1)(h) of the Constitution bail/bond can only be denied if there exists compelling reasons.
In the present case, the prosecutor in court only submitted that the charges attracted stiff sentences if convicted and that the applicant did not present himself to the police immediately after the accident. He was therefore deemed a flight risk. In my view, that statement of submission was not convincing enough to constitute a compelling reason to warrant a denial of bail. The prosecution ought to have advanced concrete reasons such as that the applicant did not have a fixed aboard or that his antecedents were doubtful. The offences charged are bailable and do not warrant a denial of bail. In the circumstances, I hold that the learned trial magistrate had no justification to denial the applicant bail.
In the result, I admit him to a cash bail of Kshs. 150,000/= or to a surety bond of Kshs. 500,000/= to be assessed by the trial magistrate. It is so ordered.
DATED and DELIVERED this 17th day of NOVEMBER, 2016.
G.W. NGENYE-MACHARIA
JUDGE
In the presence of:
1. Mr. Ngari for the Applicant
2. Mr. Ongige for the Respondent.