[2018] KEHC 3817 (KLR)
The court held that bail pending trial is a constitutional right under Article 49(1)(h) of the Constitution. The prosecution did not demonstrate any compelling reasons to justify the continued detention of the accused persons. Therefore, the accused persons are entitled to be released on bail on reasonable terms....
Source-derived case information.
- Citation
- [2018] KEHC 3817 (KLR)
- Parties
- Applicant: John Muindi Kamau alias Rasta; Applicant: Titus Kamau Muindi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 18 of 2017
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- Bail granted to both accused persons on reasonable terms.
- Judges
- LN Mutende
- Legal Topics
- Bail Pending Trial, Constitutional Rights of Accused, Compelling Reasons for Detention
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Muindi Kamau alias Rasta
Applicant
Titus Kamau Muindi
Applicant
Republic
Respondent
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the accused persons are entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there are compelling reasons to deny the accused persons bail.
Ratio Decidendi
The court held that bail pending trial is a constitutional right under Article 49(1)(h) of the Constitution. The prosecution did not demonstrate any compelling reasons to justify the continued detention of the accused persons. Therefore, the accused persons are entitled to be released on bail on reasonable terms. The seriousness of the offence alone does not constitute a compelling reason to deny bail. Consequently, each accused was granted bail of Kshs. 2,000,000 with a surety of a similar amount.
Court Disposition
Bail granted to both accused persons on reasonable terms.
Orders
- Each accused/applicant is granted bail of Kshs. 2,000,000 with a surety of similar sum.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KITUI
CRIMINAL CASE NO. 18 OF 2017
JOHN MUINDI KAMAU aliasRASTA...1ST ACCUSED/APPLICANT
TITUS KAMAU MUINDI.........................2ND ACCUSED/APPLICANT
VERSUS
REPUBLIC..........................................................................RESPONDENT
R U L I N G
1. John Muindi Kamau aliasRastaand Titus Kamau Muindiare charged with the offence of Murder.They seek to be released on bail pending trial on reasonable terms.
2. The application is premised on grounds that they denied the information read to them, they are Kenyan Citizens hence entitled to bail.
3. In affidavits in support of the application they demonstrated that detaining them was in violation of their constitutional rights and stated further that they have no intention of relocating to another country.
4. In response the Prosecution Counsel called upon the Court to
be minded of the seriousness of the offence and hence impose stringent terms.
5. Principles upon which an Accused is released on bond pending trial are stipulated in Article 49(1)(h)of the Constitutionthat provides thus:
“(1) An arrested person has the right—
(h) to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.”
6. Bail pending trial is a constitutional right and since there are no compelling reasons why the Accuseds/Applicants should be incarcerated, each Accused/Applicant is hereby granted bail of Two (2) Million Shillings (Kshs. 2,000,000/=)with a surety of similar sum.
7. It is so ordered.
Dated, Signed and Deliveredat Kitui this 26thday of September,2018.
L. N. MUTENDE
JUDGE