[2014] KEHC 2828 (KLR)

[2014] KEHC 2828 (KLR)

The court found that the only compelling reason advanced by the state was the risk of interference with witnesses. However, since six out of seven prosecution witnesses had already testified and only the doctor who conducted the post-mortem remained, the allegation of potential interference was deemed baseless. The court held that no sufficient reason had been provided to deny the applicant bail, especially as murder is a bailable offence under the Constitution. The applicant was therefore entitled to bail pending trial.

Citation
[2014] KEHC 2828 (KLR)
Parties
Applicant: Ann Muthini Mbusi; Respondent: Republic
Court
High Court
Court Station
High Court at Machakos
Jurisdiction
Kenya
Judgment Date
8 September 2014
Case Number
Criminal Case 26 of 2009
Procedural Posture
Criminal Case / Ruling on Bail Application Pending Trial
Outcome
bail granted
Judges
LN Mutende
Legal Topics
Bail Pending Trial, Compelling Reasons, Witness Tampering, Right to Bail
Source Language
English
Criminal Law Bail Pending Trial Compelling Reasons Witness Tampering Right to Bail

Case Brief

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Parties

Ann Muthini Mbusi

Applicant

Republic

Respondent

Procedural Posture

Criminal Case / Ruling on Bail Application Pending Trial

Legal Issues

  1. 1 Whether the applicant is entitled to bail pending trial for a murder charge.
  2. 2 Whether there are compelling reasons to deny the applicant bail, including risk of absconding or interference with witnesses.

Ratio Decidendi

The court found that the only compelling reason advanced by the state was the risk of interference with witnesses. However, since six out of seven prosecution witnesses had already testified and only the doctor who conducted the post-mortem remained, the allegation of potential interference was deemed baseless. The court held that no sufficient reason had been provided to deny the applicant bail, especially as murder is a bailable offence under the Constitution. The applicant was therefore entitled to bail pending trial.

Court Disposition

bail granted

Orders

  • The applicant is granted bond of Kshs. 1,000,000 with a surety in a similar sum.