[2021] KEHC 13611 (KLR)
The court found that there were no compelling reasons presented by the prosecution to deny the accused persons bail. The Probation Officer's reports were favourable, indicating the accused persons were suitable for admission to bail or bond. The victim's family had not provided an official statement opposing the...
Source-derived case information.
- Citation
- [2021] KEHC 13611 (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 2018
- Procedural Posture
- Criminal Case / Ruling on Bail/bond Application
- Outcome
- application for bail/bond allowed
- Judges
- DO Chepkwony
- Legal Topics
- Bail Application, Murder Charge, 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 admitted to bail or bond pending trial.
- 2 Whether there are any compelling reasons to deny bail to the accused persons.
Ratio Decidendi
The court found that there were no compelling reasons presented by the prosecution to deny the accused persons bail. The Probation Officer's reports were favourable, indicating the accused persons were suitable for admission to bail or bond. The victim's family had not provided an official statement opposing the application, and the State did not object to the release on bond. Therefore, the court exercised its discretion to grant bail, balancing the constitutional right to liberty with the interests of justice, and imposed reasonable bond terms to ensure the accused persons' attendance at trial.
Court Disposition
application for bail/bond allowed
Orders
- Each accused person may be released on his own bond of Kshs.500,000 with one surety of a similar amount.
- Each accused person to attend court whenever required until the final determination of the trial unless for good reasons, failure to which bond will be cancelled.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
CRIMINAL CASE NO.49 OF 2018
FAITH JADI
WESLEY SAMUEL
PETER GICHIMU KIAIRE alias MUHIMU........APPLICANTS
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.
2. 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 Dan Village in Mountain view Area, Dagoretti Sub-county, within Nairobi County, the accused persons murdered DOMINIC NAMBILI ISAYA”
3. The accused persons, through their counsel, Mr. Masera had filed an application vide a Notice of Motiondated5th August, 2019 seeking to be admitted to reasonable bond and or bail terms pending hearing. However, the record shows that the same was not pursued.
4. The State, through M/S Maina is not opposed to the application for the bond since the civilian witnesses have not testified.
5. The court then proceeded to call for a social inquiry in respect of each accused persons by the Probation Officer. The reports were filed between 29th November, 2021and1st December, 2021 respectively.
6. I have read through the individual reports, and find that although the victim’s family is yet to give an official statement on the matter, the Probation Officer’s recommendation on each accused persons suitability for admissions on bond/bail is favourable.
7. In the circumstances, the application by the accused persons to be admitted to bail/bond is allowed. Subsequently, I proceed to order that:-
a) Each accused person may be released on his own bond of Kshs.500,000/= with one surety of a similar amount.
b) Each accused person to attend court whenever required until the final determination of the trial unless for good reasons, failure to which bond will be cancelled.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED 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. Masira counsel for accused persons
Gitonga - Court Assistant