[2017] KEHC 2459 (KLR)

[2017] KEHC 2459 (KLR)

The court found that, although the offence of murder is bailable under the Constitution, the right to bail is not absolute and may be limited where compelling reasons exist. The court accepted the Investigating Officer's affidavit, which detailed the volatile situation in the community and the real risk to the...

Source-derived case information.

Citation
[2017] KEHC 2459 (KLR)
Parties
Applicant: Elijah Kasuru Mutahi; Applicant: Antony Hinga Maina; Respondent: Republic
Court
High Court
Court Station
High Court at Nyeri
Jurisdiction
Kenya
Judgment Date
13 July 2017
Case Number
Criminal Case 15 of 2013
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Outcome
application for bail disallowed
Legal Topics
Bail Pending Trial, Compelling Reasons, Murder Charge, Constitutional Rights
Source Language
english
Criminal Law Bail Pending Trial Compelling Reasons Murder Charge Constitutional Rights

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Summary, issues, holding and outcome

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Parties

Elijah Kasuru Mutahi

Applicant

Antony Hinga Maina

Applicant

Republic

Respondent

Procedural Posture

Bail Application / Ruling on Bail Pending Trial

Legal Issues

  1. 1 Whether the applicants are entitled to bail pending trial for a charge of murder under Article 49 of the Constitution.
  2. 2 Whether there exist compelling reasons to deny bail to the applicants.
  3. 3 Whether the safety of the applicants can be assured if released on bail.

Ratio Decidendi

The court found that, although the offence of murder is bailable under the Constitution, the right to bail is not absolute and may be limited where compelling reasons exist. The court accepted the Investigating Officer's affidavit, which detailed the volatile situation in the community and the real risk to the applicants' safety if released. The court was satisfied that these constituted compelling reasons justifying the continued detention of the applicants and denial of bail at this stage. However, the court directed that a pre-bail report be prepared and left open the possibility for the applicants to revisit their application for bail as circumstances evolve.

Court Disposition

application for bail disallowed

Orders

  • Application for bail is disallowed at this juncture.
  • Probation Office to prepare a pre-bail report as the hearing continues.