Kheya v R (Bail Application 68 of 2016) [2016] MWHC 705 (22 December 2016)

Kheya v R (Bail Application 68 of 2016) [2016] MWHC 705 (22 December 2016)

The applicant has been in custody for over a year, exceeding the prescribed statutory pretrial detention limit. The balance of justice favors granting bail as the right to bail is constitutionally guaranteed and the State failed to oppose the application.

Citation
[2016] MWHC 705
Parties
Applicant: Chikondi Kheya; Respondent: The State
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
22 December 2016
Case Number
Bail Application 68 of 2016
Procedural Posture
Bail Application / Ruling
Outcome
bail granted
Legal Topics
Bail, Pretrial Detention, Murder, Right to Fair Trial
Source Language
English
Criminal Law Constitutional Law Bail Pretrial Detention Murder Right to Fair Trial

Case Brief

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Parties

Chikondi Kheya

Applicant

The State

Respondent

Procedural Posture

Bail Application / Ruling

Legal Issues

  1. 1 Whether the applicant is entitled to bail under the Constitution and relevant statutes
  2. 2 Whether continued pretrial detention beyond statutory limits is justified

Ratio Decidendi

The applicant has been in custody for over a year, exceeding the prescribed statutory pretrial detention limit. The balance of justice favors granting bail as the right to bail is constitutionally guaranteed and the State failed to oppose the application.

Court Disposition

bail granted

Orders

  • Applicant to pay a cash bail bond of K15,000.00 before release.
  • Applicant to produce two sureties, each bonded in the sum of K50,000.00 not cash, to be examined by the Registrar.