[2017] KEHC 2073 (KLR)
The court found that the State had not provided any compelling reasons to deny bail to the accused, and none were apparent to the court. The right to bail is constitutionally protected under Article 47 of the Constitution of Kenya 2010, and in the absence of compelling reasons, the accused is entitled to bail. The...
Source-derived case information.
- Citation
- [2017] KEHC 2073 (KLR)
- Parties
- Appellant: Zacharia Omara Hiribae; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 2 of 2013
- Procedural Posture
- Criminal Appeal / Bail Application Ruling
- Outcome
- bail_granted
- Judges
- GMA Dulu
- Legal Topics
- Bail Application, Constitutional Rights, Compelling Reasons, Bond Terms
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zacharia Omara Hiribae
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Bail Application Ruling
Legal Issues
- 1 Whether the accused is entitled to bail at the defence stage of the criminal appeal.
- 2 Whether there are compelling reasons to deny bail to the accused under Article 47 of the Constitution of Kenya 2010.
Ratio Decidendi
The court found that the State had not provided any compelling reasons to deny bail to the accused, and none were apparent to the court. The right to bail is constitutionally protected under Article 47 of the Constitution of Kenya 2010, and in the absence of compelling reasons, the accused is entitled to bail. The court therefore allowed the application and granted bail, setting the terms as a personal bond of Kshs. 300,000 with one surety of a similar amount, and requiring the accused to attend all hearings and mentions until the case's conclusion.
Court Disposition
bail_granted
Orders
- The accused will be released on signing his own bond of Kshs. 300,000 with one surety of similar amount.
- The accused will attend the hearing and mentions of this case until its conclusion.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT GARISSA
CRIMINAL APPEAL NO. 2 OF 2013
ZACHARIA OMARA HIRIBAE...................................ACCUSED
VERSUS
REPUBLIC...........................................................RESPONDENT
RULING
In this matter which commenced in 2013, Mr. Nyaga Learned Counsel for the accused has asked for bail in the absence of the accused through an application dated 24th October, 2017 brought under Article 47 (h) of the Constitution of Kenya 2010.
Counsel submitted that the case now being at defence stage, the accused was not capable of interfering with witnesses if released on bail. Counsel also informed the court that the family members of the accused had informed him that the accused was currently unwell and needed medical attention which could not be availed at the prison remand, and that admitting the accused to bail would assist the court to achieve progress in the case.
Mr. Okemwa, Learned Principal Prosecuting Counsel submitted that bail was a constitutional right, subject to existence compelling reasons against same.
Counsel stated that for now he saw no compelling reasons for him to oppose the application for bail, but asked for reasonable bond terms.
I have considered the application and submissions of the defence counsel and the prosecution. Under Article 47 of the Constitution of Kenya 2010, bail is a right foreveryone who has been held in custody on criminal suspicion, except where there is compelling reasons to deny him or her such bail.
The State does not have compelling reasons for denial of bail herein. I do not see any myself. I will thus allow the application and grant him bail. Bail is thus granted.
What are the conditions for such bail? None of the counsel has suggested any specific terms of bail. I thus order as follows:-
1. The accused will be released on signing his own bond of Kshs. 300,000/=, with one surety of similar amount.
2. He will attend the hearing and mentions of this case until its conclusion.
Dated and delivered at Garissa on 16th November, 2017.
GEORGE DULU
JUDGE