[2021] KEHC 1358 (KLR)
The court clarified that the applicant's motion is not founded on the Muruatetu decision, as it does not seek review of sentence but rather seeks release on bond pending trial for a charge of robbery with violence. The Supreme Court's clarification in Muruatetu restricts its application to mandatory sentences in...
Source-derived case information.
- Citation
- [2021] KEHC 1358 (KLR)
- Parties
- Applicant: Hassan Yasin; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E077 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Directions on Application for Bond Pending Trial
- Outcome
- Mention for directions; no substantive determination on bond application at this stage.
- Judges
- DN Musyoka
- Legal Topics
- Bond Pending Trial, Robbery With Violence, Pretrial Detention
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hassan Yasin
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Directions on Application for Bond Pending Trial
Legal Issues
- 1 Whether the applicant should be granted bond pending trial after being denied by the trial court.
- 2 Whether the Supreme Court decision in Muruatetu applies to the applicant's case.
Ratio Decidendi
The court clarified that the applicant's motion is not founded on the Muruatetu decision, as it does not seek review of sentence but rather seeks release on bond pending trial for a charge of robbery with violence. The Supreme Court's clarification in Muruatetu restricts its application to mandatory sentences in murder cases only. Therefore, the applicant's request for bond must be considered independently of Muruatetu, and the matter is to be mentioned before the Judge for directions on disposal of the bond application.
Court Disposition
Mention for directions; no substantive determination on bond application at this stage.
Orders
- Deputy Registrar to allocate a mention date before the Judge for directions on disposal of the Motion for bond pending trial.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
MISCELLANEOUS CRIMINAL APPLICATION NO. E077 OF 2021
HASSAN YASIN......................PETITIONER
VERSUS
REPUBLIC.............................RESPONDENT
RULING
1. This matter was placed before me for the purpose of giving directions, in view of the recent decision by the Supreme Court in Francis Karioko Muruatetu & another vs. Republic; Katiba Institute & 5 others(Amicus Curiae[2021] (Koome CJ&P, Mwilu DCJ&VP, Ibrahim, Wanjala, Ndung’u & Lenaola SSJJ), with respect to mandatory sentences, where it was clarified that the decision, in Francis Karioko Muruatetu & another vs. Republic[2017] eKLR (Maraga CJ&P, Mwilu DCJ&VP, Ojwang, Wanjala, Njoki and Lenaola SCJJ), had arisen from proceedings relating to murder, under section 204 of the Penal Code, Cap 63, Laws of Kenya, and the position stated in the said decision was intended to apply only to mandatory sentences with respect to murder cases.
2. The Motion herein, dated 24th August 2021, filed herein on even date, is not founded on Francis Karioko Muruatetu & another vs. Republic[2017] eKLR (Maraga CJ&P, Mwilu DCJ&VP, Ojwang, Wanjala, Njoki and Lenaola SCJJ), for the applicant does not seeks review of sentence. His application is about being released on bond pending his trial in Kakamega CMCCRC No 469 of 2020, where he is charged with robbery with violence. He complains of being denied bond by the trial court.
3. Let Deputy Registrar cause this file to be allocated a date for mention before the Judge, for directions on the matter of the disposal of the Motion on bond pending trial.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS………10th ……………….…. DAY OF ……December………. 2021
W MUSYOKA
JUDGE