[2012] KEHC 841 (KLR)
The court found that the accused persons, having taken plea on 23rd November 2012, were not given an opportunity to apply for bail and have remained in custody without such consideration. This omission constitutes a violation of their constitutional right to bail as provided under Article 49(1)(h) of the...
Source-derived case information.
- Citation
- [2012] KEHC 841 (KLR)
- Parties
- Applicant: David Gichuhi Gitau; Applicant: Timothy Muchiri Kangara; Respondent: Director of Public Prosecutions; Respondent: Officer Commanding Station Mavoko Police Station; Respondent: Principal Magistrate Mavoko Law Court; Respondent: Attorney General; Respondent: Form Mattress Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition 557 of 2012
- Procedural Posture
- Constitutional Petition / Interlocutory Ruling on Bail Application and Service of Petition
- Outcome
- Interlocutory orders granted; accused to be presented for bail hearing; petition to be served and fixed for directions.
- Judges
- DAS Majanja
- Legal Topics
- Right to Bail, Pre Trial Detention, Fair Trial Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
David Gichuhi Gitau
Applicant
Timothy Muchiri Kangara
Applicant
Director of Public Prosecutions
Respondent
Officer Commanding Station Mavoko Police Station
Respondent
Principal Magistrate Mavoko Law Court
Respondent
Attorney General
Respondent
Form Mattress Limited
Respondent
Procedural Posture
Constitutional Petition / Interlocutory Ruling on Bail Application and Service of Petition
Legal Issues
- 1 Whether the accused persons were denied an opportunity to apply for bail in violation of their constitutional rights.
- 2 Whether the continued detention of the accused without consideration of bail is lawful.
Ratio Decidendi
The court found that the accused persons, having taken plea on 23rd November 2012, were not given an opportunity to apply for bail and have remained in custody without such consideration. This omission constitutes a violation of their constitutional right to bail as provided under Article 49(1)(h) of the Constitution of Kenya. The court therefore directed that the accused be brought before the Magistrate at Mavoko Law Courts at the earliest opportunity for their bail application to be heard and determined. The court further ordered that the petition be served upon the respondents and fixed the matter for directions, ensuring due process is followed and the accused's rights are protected.
Court Disposition
Interlocutory orders granted; accused to be presented for bail hearing; petition to be served and fixed for directions.
Orders
- The accused Timothy Muchiri Kagara, David Gichuhi Gitau, Paul Njoroge Mwangi and David Kinyua Wamai to be taken before the Magistrate at Mavoko Law Courts on 5th December 2012 or at the earliest opportunity.
- The Honourable magistrate is directed to hear and determine their application for bail.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
Petition 557 of 2012 [if !mso]> <style> v:* {behavior:url(#default#VML);} o:* {behavior:url(#default#VML);} w:* {behavior:url(#default#VML);} .shape {behavior:url(#default#VML);} </style> <![endif][if gte mso 9]><xml>
Normal 0
false false false
EN-ZA X-NONE X-NONE
</xml><![endif][if gte mso 9]><![endif][if gte mso 10]> <style> /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-style-parent:""; text-align:justify; text-indent:-17. 85pt; line-height:200%; font-size:11. 0pt;"Calibri","sans-serif"; mso-bidi-"Times New Roman";} </style> <![endif]
DAVID GICHUHI GITAU ………...……......................................…………. 1ST PETITIONER
TIMOTHY MUCHIRI KANGARA ................................................................. 2ND PETITIONER
AND
THE DIRECTOR OF PUBLICPROSECUTIONS ……..…...................….1ST RESPONDENT
OFFICER COMMANDING STATIONMAVOKO POLICE STATION ….2ND RESPONDENT
THE PRINCIPAL MAGISTRATEMAVOKO LAW COURT …………... 3RD RESPONDENT
ATTORNEY GENERAL …..………......................................……………. 4TH RESPONDENT
AND
FORM MATTRESS LIMITED ……...........................................………………... THIRD PARTY
RULING
I have considered the matter and in the particular the skeleton proceedings in Nairobi Chief Magistrates Criminal Case No. 1783 of 2012. The accused took the plea on 23rd November 2012 and there is no indication that an application for bail was made or an opportunity given to them to make the application. The matter was then transferred to Mavoko Law Courts. According to counsel, the accused are still in custody from 23rd November 2012 without the benefit of bail. In view thereof, I direct as follows;
(1)That the accused Timothy Muchiri Kagara, David Gichuhi Gitau, Paul Njoroge Mwangi and David Kinyua Wamai be taken before the Magistrate at Mavoko Law Courts on 5th December 2012 or at the earliest opportunity.
(2)The Honourable magistrate is directed to hear and determine their application for bail.
DATEDandDELIVEREDat NAIROBI this 4th day of December 2012
D.S. MAJANJA
JUDGE
FURTHER ORDER:- The petition shall be served upon the respondents forthwith and the matter is fixed for directions on 19th December 2012.
DATEDandDELIVERED at NAIROBI this 4th day of December 2012
D.S. MAJANJA
JUDGE