[2019] KEHC 6522 (KLR)
The court held that bail is a constitutional right and that the prosecution did not present any compelling reasons to justify denial of bail. Since the applicant demonstrated a fixed abode, willingness to cooperate with authorities, and there were no threats to his life or risk of absconding, the court found no...
Source-derived case information.
- Citation
- [2019] KEHC 6522 (KLR)
- Parties
- Applicant: John Muthui Mutambu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 18 of 2018
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- Application for bail granted.
- Judges
- LN Mutende
- Legal Topics
- Bail Pending Trial, Murder Charge, Compelling Reasons, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Muthui Mutambu
Applicant
Republic
Respondent
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the applicant is entitled to bail pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny the applicant bail.
Ratio Decidendi
The court held that bail is a constitutional right and that the prosecution did not present any compelling reasons to justify denial of bail. Since the applicant demonstrated a fixed abode, willingness to cooperate with authorities, and there were no threats to his life or risk of absconding, the court found no basis to deny bail. Accordingly, the applicant was granted bond with a surety of an equivalent amount.
Court Disposition
Application for bail granted.
Orders
- The applicant is granted bond of Kshs. 500,000 with a surety of a similar sum.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITUI
CRIMINAL CASE NO. 18 OF 2018
JOHN MUTHUI MUTAMBU.............ACCUSED/APPLICANT
VERSUS
REPUBLIC...............................PROSECUTOR/RESPONDENT
R U L I N G
1. John Muthui Mutambu,the Accused/Applicant, is charged with the offence of Murder.He seeks to be released on bail pending trial.
2. The Application is premised on grounds that: he is a responsible family man with a fixed abode which he will not leave until the case is heard and determined; he is ready to be reporting to the Investigation Officer if need be and there are no threats to his life.
3. In response, the Respondent/State is not opposed to the Application, the basis being that there are no compelling reasons requiring him being denied bond.
4. Bail is a constitutional right. An individual can only be incarcerated during pendency of trial if there are compelling reasons that are non-existent in the present case. Therefore, I grant the Applicant/Accused bond of Kshs. 500,000/=and a surety of a similar sum.
5. It is so ordered.
Dated, Signed and Delivered at Kitui this 8th day of May, 2019.
L. N. MUTENDE
JUDGE