[2016] KEHC 2717 (KLR)
The court found that the accused, charged with murder, is constitutionally entitled to bail pending trial unless compelling reasons are shown to deny such bail. After reviewing the prosecution's witness statements and documents, the court found no compelling reason to deny bail. The application was therefore...
Source-derived case information.
- Citation
- [2016] KEHC 2717 (KLR)
- Parties
- Accused: Francis Njoroge Muguro; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 18 of 2013
- Procedural Posture
- Criminal Case / Ruling on Bail Application Pending Trial
- Outcome
- Bail granted to the accused pending trial.
- Judges
- DW Mbuteti
- Legal Topics
- Bail Pending Trial, Murder Charge, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Njoroge Muguro
Accused
Republic
Respondent
Procedural Posture
Criminal Case / Ruling on Bail Application Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there exist compelling reasons to deny the accused bail.
Ratio Decidendi
The court found that the accused, charged with murder, is constitutionally entitled to bail pending trial unless compelling reasons are shown to deny such bail. After reviewing the prosecution's witness statements and documents, the court found no compelling reason to deny bail. The application was therefore allowed, and bail was granted on reasonable terms.
Court Disposition
Bail granted to the accused pending trial.
Orders
- The accused shall be admitted to bail upon his own cognizance in the sum of KShs 700,000 and one surety in like sum.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MURANG’A
CRIMINAL CASE NO 18 OF 2013
FRANCIS NJOROGE MUGURO…………………….….ACCUSED
VERSUS
REPUBLIC……………….………………………... PROSECUTOR
R U L I N G
1. The Accused in this case, Francis Njoroge Muguro, is charged with murder contrary to section 203 as read with section 204 of the Penal Code. It is alleged in the information dated 04/11/2013 that on 25/10/2013 at Gachocho Shopping Centre in Kigumo District within Murang’a County he murdered one Elizabeth Wanjiku Irungu. He pleaded not guilty on 28/01/2014. His case is scheduled to go to trial on 07/12/2016. He has in the meantime sought to be admitted to bail by notice of motion dated 08/10/2015. The Republic does not oppose the application.
2. Bail pending trial is now a constitutional right that will be denied only for compelling reason; and any condition for such bail must be reasonable. SeeArticle 49(1) (h)of theConstitution of Kenya, 2010.
3. I have read the witness statements and other documents provided to the Accused and to the court by the prosecution, and I have noted the circumstances in which the alleged offence was committed. I find no compelling reason to deny the Accused his constitutional right to bail.
4. I will therefore allow the notice of motion dated 08/10/2015. The Accused shall be admitted to bail upon his own cognizance in the sum of KShs 700,000/00 and one surety in like sum. It is so ordered.
DATED AND SIGNED AT MURANG’A THIS 29TH DAY OF SEPTEMBER 2016
H P G WAWERU
JUDGE
DELIVERED AT MURANG’A THIS 30TH DAY OF SEPTEMBER 2016