[2013] KEHC 5803 (KLR)
The court found that there were no compelling reasons presented by the State to deny the accused bail, as the application was unopposed and the accused had demonstrated strong ties to the community, including employment and family residence in the area. The court emphasized the constitutional right to bail unless...
Source-derived case information.
- Citation
- [2013] KEHC 5803 (KLR)
- Parties
- Applicant: Elijah Mutisya Munyao; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 24 of 2012
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- bail granted
- Judges
- LN Mutende
- Legal Topics
- Bail Application, Murder Charge, Constitutional Rights, Flight Risk
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elijah Mutisya Munyao
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for a charge of murder.
- 2 Whether there are compelling reasons to deny the accused bail under Article 49(1)(h) of the Constitution.
- 3 Whether the accused poses a flight risk.
Ratio Decidendi
The court found that there were no compelling reasons presented by the State to deny the accused bail, as the application was unopposed and the accused had demonstrated strong ties to the community, including employment and family residence in the area. The court emphasized the constitutional right to bail unless compelling reasons are shown and noted the absence of evidence suggesting the accused was a flight risk. Consequently, the court held that the accused was entitled to bail pending trial, subject to reasonable conditions.
Court Disposition
bail granted
Orders
- The accused may be released on bond of 1 million KES with a surety of similar sum.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
Criminal Case No. 24 Of 2012
ELIJAH MUTISYA MUNYAO ……………………APPLICANT/ACCUSED
VERSUS
REPUBLIC……..……………………………………………….PROSECUTOR
RULING
The accused is charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code (Cap 63) Law of Kenya.
He seeks to be released on bond pursuant to the provisions of Article 21(1) and 49 (1) (h) of the Constitution of Kenya.
In his application dated 14th November, 2012 he states that it is in the interest of justice for him to be released on bail upon such terms and conditions the court may find just to impose. The application is also based on grounds that he is innocent till proven guilty; staying in custody pending trial will be detrimental to him.
The application is supported by his affidavit in which he states that he will avail himself for trial and there are no compelling reasons that would work against his release on bail.
The application is not opposed by the State. No State Counsel was available in court to comment on the application.
Article 49(1) (h) of the Constitution provides :-
“An arrested person has the 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”.
The State having not opposed the application, it is apparent that there are no compelling reasons that would make the accused not be accorded his constitutional right of being out on bail pending trial.
The only consideration this court should have in mind is whether the accused is a flight risk. He has deposed that he was employed as a watchman at his rural home in Kilembwa village. His parents are peasant farmers. He was willing to avail himself for trial without any failure. There is no evidence to controvert what he asserted.
In the circumstances, I have absolutely no reason to deny him bail. He may be released on bond of 1 million with a surety of similar sum.
DATED, SIGNED and DELIVERED at MACHAKOS this21STday ofJUNE, 2013.
L.N. MUTENDE
JUDGE