Republic v Jacob Chesiro Boiyo [2019] KEHC 6204 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

CRIMINAL CASE NO. 14 OF 2019

REPUBLIC........................................................................PROSECUTOR

VERSUS

JACOB CHESIRO BOIYO.............................1ST ACCUSED PERSON

RULING

1. Bail is provided for in Article 49 of the Constitution. Article 49 (h) specifically that an accused person has the right-

(h) to be released on bond or bail, on reasonable conditions pending, a charge or trial, unless there are compelling reasons not to be released. [Emphasis mine]

2. In this case the accused person is charged with murder C/s 203 as read with section 204 of the Penal Code Cap 63 Laws of Kenya.

3. This Honourable Court on 30th January 2019 directed that a Pre-bail report be filed. It is now five months down the line and none has been filed.

4. In the circumstances, I find that no compelling reasons have been shown by the prosecution for which I can deny the accused person bail.

5. I therefore set the bail terms at Kshs. 100,000/= or an alternative bond of Kshs. 200,000/= with a surety of like amount.

Dated, signed and delivered in open court this 1st July 2019

F. GIKONYO

JUDGE

IN PRESENCE OF

Thangicia for accused

Namiti for state

F. GIKONYO

JUDGE