REPUBLIC OF KENYA High Court at Kericho Criminal Case 29 of 2012 REPUBLIC …………………………………………………….PROSECUTOR VERSUS CHRISTOPHER KIPKOSGEI MUTAI…………...…………………ACCUSED RULING In a notice of Motion dated 17th October, 2012, the applicant/Accused herein seeks an order granting him bail. The application is pursuant to Article 23 and 49(h) of the Constitution. It is based on grounds on the face of it and it is supported by an affidavit sworn by his advocate Mr. Erick K. Korir where it is averred that he is entitled to protection by the Constitution. He has a parent who is disabled and has children to take care of. The State did not oppose the application, Mr. Kiviihya for the State was of the view that bail was a Constitutional right. According to Article 49(h) of the Constitution an accused person can only be denied bail if there are compelling reasons. The most important reason a court has to consider is whether the person will turn up for trial. The state having failed to notify the court of any reason why the accused should not be released on bond the application shall be allowed. The accused is hence granted bond of Kshs. 600,000/= with two (2) sureties in a like sum. It is so ordered. Dated and delivered this 13th November, 2012 LILIAN N. MUTENDE JUDGE Counsel appearing Mr. Kiviihya State Counsel for the Republic
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Mr. E.K. Korir advocate for the accused Koech – Court Clerk
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