[2014] KEHC 4701 (KLR)
The court found that the right to bail is constitutionally guaranteed under Article 49 (i) (h), subject to the existence of compelling reasons to deny it. The State bears the burden of demonstrating such reasons. In this case, the State's apprehension that the applicant may abscond, based solely on the fact that...
Source-derived case information.
- Citation
- [2014] KEHC 4701 (KLR)
- Parties
- Applicant: Antony Ngugi Kiroro; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 2 of 2013
- Procedural Posture
- Criminal Case / Bail Application Pending Trial
- Outcome
- Applicant admitted to bail with conditions.
- Judges
- CC Kipkorir
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Right to Bail, Murder Charge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Antony Ngugi Kiroro
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Bail Application Pending Trial
Legal Issues
- 1 Whether the applicant is entitled to bail pending trial for a charge of murder.
- 2 Whether the State has demonstrated compelling reasons to deny bail under Article 49 (i) (h) of the Constitution.
Ratio Decidendi
The court found that the right to bail is constitutionally guaranteed under Article 49 (i) (h), subject to the existence of compelling reasons to deny it. The State bears the burden of demonstrating such reasons. In this case, the State's apprehension that the applicant may abscond, based solely on the fact that another suspect is at large, was not supported by sufficient evidence or compelling circumstances. The court, after considering the affidavits, submissions, and witness statements, determined that no compelling reason had been established to justify denial of bail. Therefore, the applicant was entitled to bail, subject to conditions ensuring his attendance at trial.
Court Disposition
Applicant admitted to bail with conditions.
Orders
- The applicant shall execute a personal bond of KShs.1,000,000 with two sureties of like amount.
- The applicant shall not leave the jurisdiction of the court without leave of the court.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 2 OF 2013
ANTONY NGUGI KIRORO ………………………..APPLICANT
VERSUS
REPUBLIC………………….................…………..................RESPONDENT
RULING
Antony Ngugi Kiroro is charged with the offence of murder contrary to section 203 as read with Section 204 of the Penal Code. The particulars are that on the night of 24th and 25th day of December, 2012 at Buffalo Bar and Restaurant in Wangige market at Kikuyu District within Kiambu County jointly with others not before court murdered Robert Njuguna Ndungu.He denied the charges when he was arraigned in court on 14th January 2013. His trial is on-going with one witness having already testified.
The accused has now applied for bail pending the conclusion of this trial. His application is however contested by the State on the ground that another suspect in this case is yet to be traced arrested. It is the apprehension of the State that the applicant may abscond trial just like the suspect at large. This apprehension is expressed in the Replying Affidavit sworn by No. 321338 CIP Jeremiah Musyoki who is the investigating officer in the case and the submissions of Ms. Ikol, the learned prosecution counsel.
Article 49 (i) (h) of the Constitution on which the application is grounded provides that “an arrested person has a right …..to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released……”A reading of this Article shows that bail must in the first instance be granted as of right. The right however is not absolute and can be curtailed by the court where there are compelling reasons. It is the duty of the State to demonstrate the existence of compelling reasons why a suspect should be denied bail. The court however retains the discretion to deny or allow bail depending on the facts and circumstances of each case.
I have carefully considered the rival affidavits and submissions in this application. I have further considered the witness statements to which my attention was drawn by both the defence and prosecution counsel. I find no compelling reason within the meaning of Article 49 (i) h to deny the applicant bail.
Consequently, I admit him to bail on conditions that shall ensure his attendance at trial. He shall:-
(i) execute a personal bond of KShs.1 Million with two
sureties of like amount.
(ii) not leave the jurisdiction of this court without leave
of the court.
(iii) report to the Investigating Officer at Kikuyu Police
Station once every two weeks until further orders
of the court.
(iv) attend the monthly mentions of his case before the
Deputy Registrar of the Court. The first such
mention shall be on 10th June 2014.
Ruling delivered, dated and signed at Nairobi this 7th day of May, 2014
R. LAGAT - KORIR
JUDGE
In the presence of:
…………………………….: Court clerk
……………………………: Accused/Applicant
……………………………: For accused/applicant
………………………….: For the State/respondent