[2015] KEHC 5364 (KLR)
The court found that the prosecution's objection, based solely on the applicants' residence and business activities in the same district as witnesses, did not constitute cogent evidence of likely interference with witnesses. The court emphasized that the primary considerations for denying bail are risk of flight and...
Source-derived case information.
- Citation
- [2015] KEHC 5364 (KLR)
- Parties
- Applicant: David Munyui Charagu; Applicant: Samuel Munga Ng'ang'a; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 9 of 2014
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- application for bail allowed
- Judges
- LN Mutende
- Legal Topics
- Bail Pending Trial, Murder Charge, Flight Risk, Witness Interference
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Munyui Charagu
Applicant
Samuel Munga Ng'ang'a
Applicant
Republic
Respondent
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the applicants should be granted bail pending trial for the offence of murder.
- 2 Whether the applicants pose a flight risk or are likely to interfere with witnesses if released on bail.
Ratio Decidendi
The court found that the prosecution's objection, based solely on the applicants' residence and business activities in the same district as witnesses, did not constitute cogent evidence of likely interference with witnesses. The court emphasized that the primary considerations for denying bail are risk of flight and likelihood of interference with witnesses, neither of which was substantiated by the prosecution. Accordingly, the court exercised its discretion to grant bail, subject to stringent terms to ensure the applicants' attendance at trial and compliance with court orders.
Court Disposition
application for bail allowed
Orders
- Each accused may be released on bond of Kshs. 10 million with two sureties in an even sum.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CRIMINAL CASE NO. 9 OF 2014
DAVID MUNYUI CHARAGU
SAMUEL MUNGA NG’ANG’A…………………ACCUSED/APPLICANTS
VERSUS
REPUBLIC ………………………………...……………....PROSECUTOR
RULING
1. The Applicants DavidMunyui Charaguand Samuel Munga are charged with the offence of murdercontrary to Section 203 as read with Section 204 of the Penal Code. Particulars of the offence being that on the night of 25th and 26th January, 2014 at unknown time, at Nkama Village Kuku Location in Loitoktok District within Kajiado County, they jointly murdered Catherine Kanini Muiwa.
2. In an application dated 20th May, 2014 they seek to be released on bail pending trial.
3. They have deponed a joint affidavit whereby they state that if released on bail they will abide by all terms and conditions to be imposed by court.
4. In response thereto the State through No. 46385 Sergeant Munga Mbwanaopposed their release on bail. The main contention is that the accused persons reside and carry out business within Loitokitok Location in Kajiado South District of KajiadoCounty where witnesses reside; their release will therefore be a threat to the prosecution’s case.
5. The paramount consideration for one to be denied bail is if he is a flight risk. Another consideration would be whether he may interfere with witnesses. Residing in the same district with witnesses is not cogent evidence that such interference will occur.
6. In the premises, I do allow the application. Each accused may be released on bond of Kshs. 10 million with two (2)sureties in an even sum.
7. It is so ordered.
DATED, SIGNED and DELIVERED at MACHAKOSthis 21STday of APRIL, 2015.
L.N. MUTENDE
JUDGE