[2019] KEHC 5806 (KLR)
The court found that the applicant is not a flight risk, poses no danger to the community, and the State has not provided any compelling reasons to deny bail. The pre-bail report supports the applicant's suitability for release, and his father is willing to act as surety. Therefore, the applicant is entitled to bail...
Source-derived case information.
- Citation
- [2019] KEHC 5806 (KLR)
- Parties
- Applicant: Gichiah Ndishu Samwel; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 27 of 2018
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- Application for bail pending trial allowed.
- Judges
- LN Mutende
- Legal Topics
- Bail Pending Trial, Murder Charge, Constitutional Rights, Pre Bail Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gichiah Ndishu Samwel
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the applicant is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there are compelling reasons to deny the applicant bail.
Ratio Decidendi
The court found that the applicant is not a flight risk, poses no danger to the community, and the State has not provided any compelling reasons to deny bail. The pre-bail report supports the applicant's suitability for release, and his father is willing to act as surety. Therefore, the applicant is entitled to bail pending trial as a matter of constitutional right.
Court Disposition
Application for bail pending trial allowed.
Orders
- The applicant shall be released on bond of KES 1,000,000 with a surety of a similar sum.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITUI
CRIMINAL CASE NO. 27 OF 2018
GICHIAH NDISHU SAMWEL……………......….......................APPLICANT
VERSUS
REPUBLIC…………….………………………………………….RESPONDENT
R U L I N G
1. Gichiah Ndishu Samwel,the Applicant, is charged with the offence of Murder.He has approached this Court by way of Notice of Motion seeking bail pending trial.
2. The Application is premised on grounds that the Applicant is a father of six and the only breadwinner with a fixed abode which he will not leave until the matter is heard and determined; he resides within the jurisdiction of the Court and is ready to be reporting to the Investigating Officer; the community where he hails from is not against his release and as such there are no threats to his life; and he is willing to participate in the trial till the end.
3. The Application is unopposed. The State through learned Counsel Mr. Mambaurged that they have no compelling reasons that would make them oppose the Applicant’s release on bail.
4. I do note that the Deceased was the Applicant’s second wife and they had two (2) children of the marriage who have been taken in by their two (2) paternal aunts.
5. I have taken into consideration the pre-bail report. It is stated that the Accused is not a flight-risk and does not pose any danger to the community. His father is willing to be his surety.
6. According to Article 49(1)(h)it is an Accused person’s constitutional right to be released on bail unless there are compelling reasons. Since the State has absolutely no reason to require his incarceration during pendency of the case, he shall be released on bond of 1 millionwith a surety of a similar sum.
7. It is so ordered.
Dated, Signed and Delivered at Kitui this 25th day of June, 2019.
L. N. MUTENDE
JUDGE