[2021] KEHC 1251 (KLR)
The court found that there were no longer compelling reasons to deny the accused persons bail or bond, as all key civilian witnesses had already testified. The State did not oppose the application for bail, and the court was satisfied that the accused persons could be released on bond with appropriate conditions to...
Source-derived case information.
- Citation
- [2021] KEHC 1251 (KLR)
- Parties
- Applicant: Faith Jadi; Applicant: Wesley Samuel; Applicant: Peter Gichimu Kiaire alias Muhimu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 49 of 2019
- Procedural Posture
- Criminal Case / Ruling on Bail/bond Application
- Outcome
- application for bail granted
- Judges
- DO Chepkwony
- Legal Topics
- Bail and Bond, Murder Charges, Compelling Reasons, Pretrial Release
- 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
Faith Jadi
Applicant
Wesley Samuel
Applicant
Peter Gichimu Kiaire alias Muhimu
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Ruling on Bail/bond Application
Legal Issues
- 1 Whether the accused persons should be released on bail or bond pending trial for the offence of murder.
- 2 Whether there exist compelling reasons to deny the accused persons bail or bond.
Ratio Decidendi
The court found that there were no longer compelling reasons to deny the accused persons bail or bond, as all key civilian witnesses had already testified. The State did not oppose the application for bail, and the court was satisfied that the accused persons could be released on bond with appropriate conditions to ensure their attendance at trial. The court therefore admitted the accused persons to bond, emphasizing the constitutional right to bail unless compelling reasons are shown, and noting that none existed at this stage of the proceedings.
Court Disposition
application for bail granted
Orders
- Each accused person may be released on a bond of Kshs.500,000 with one surety of a similar amount.
- Each accused person to attend court as and whenever required until final determination of the case, failure to which the bond terms will be cancelled.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
MILIMANI LAW COURTS
CRIMINAL CASE NO.49 OF 2019
FAITH JADI)
WESLEY SAMUEL)..............................................APPLICANTS
PETER GICHIMU KIAIRE alias MUHIMU)
VERSUS
REPUBLIC........................................................RESPONDENT
R U L I N G
1. This is a Ruling in respect of an application for the accused persons to be released on bail/bond application. The accused persons are charged with the offence of Murder contrary to Section 203 as read with Section 204of thePenal Code.
The facts are that:-
“On 2nd September, 2018 at Dam Village in Mountain view Area, Dagoretti Sub-county, within Nairobi County, the accused persons murdered DOMINIC NAMBILI ISAYA”
2. The court record shows that on 31st October, 2019, the accused persons’ advocate indicated to court that they had filed a bail application which they had served upon the prosecution which was set down for directions on 4th November, 2019. On this day, the hearing commenced and nothing was said of the bail application. The hearing proceeded on 5th November, 2019 and again nothing came up with regard to the bail application. The matter was adjourned to 6th November, 2019 for hearing to proceed but again the mention of the bail application was ever pursued until 10th February, 2021 when the counsel for the accused persons, Mr. Omondi brought up the issue of there being a pending application for bond/bail. On 23rd September, 2021, the matter was fixed for mention on 25th October, 2021 for parties to take directions with regard to the bail application.
3. On 25th October, 2021,when the matter came up for mention, the counsel Mr. Mesara, counsel for the accused persons brought up the issue of bail application and urged the court to deal with the application so that the accused persons can be out on bond.
4. M/S Maina, the learned counsel for the State responded by stating that there no longer existed compelling reasons for the accused persons to be denied release on bond/bail since all their key civilian witnesses had testified.
5. In view of this, I find that the application dated 5th August, 2019, by the accused persons to be released on bond is not opposed and proceed to admit them on bond on the following terms:-
a) Each accused person may be released on a bond of Kshs.500,000/= with one surety of a similar amount.
b) Each accused person to attend court as and whenever he/she is required until the final determination of this case, failure to which the bond terms will be cancelled.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT NAIROBI THIS 14TH DAY OF DECEMBER, 2021.
D. O. CHEPKWONY
JUDGE
In the presence of
M/S Maina for the State
Mr. Wanjohi counsel holding brief for Mr. Masara counsel for accused persons
Gitonga - Court Assistant