[2024] KEHC 15566 (KLR)
The court found that the applicants are entitled to bail as a constitutional right under Article 49(1)(h), and that the prosecution's initial objection based on the risk of interference with witnesses had been sufficiently addressed by the fact that one witness had already testified and the respondent had conceded...
Source-derived case information.
- Citation
- [2024] KEHC 15566 (KLR)
- Parties
- Applicant: Wallace Mbugua Kinuthia; Applicant: Antony Kamau Waithera; Applicant: George Gitau Ngige; Applicant: Simon Mbugua Thuo; Applicant: Daniel Wachira Mithute; Applicant: Dorothy Njeri Muiruri; Applicant: Joshua Nganga Mithute; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E023 of 2024
- Procedural Posture
- Criminal Case / Ruling on Bail Application Pending Trial
- Outcome
- Bail granted with stringent conditions.
- Judges
- A Mshila
- Legal Topics
- Bail Pending Trial, Murder Charge, Witness Interference, Constitutional Rights, Bond Terms
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wallace Mbugua Kinuthia
Applicant
Antony Kamau Waithera
Applicant
George Gitau Ngige
Applicant
Simon Mbugua Thuo
Applicant
Daniel Wachira Mithute
Applicant
Dorothy Njeri Muiruri
Applicant
Joshua Nganga Mithute
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Ruling on Bail Application Pending Trial
Legal Issues
- 1 Whether the applicants are entitled to bail pending trial for the offence of murder.
- 2 Whether the risk of interference with prosecution witnesses justifies denial or restriction of bail.
- 3 What conditions, if any, should be imposed to secure attendance and protect the integrity of the trial.
Ratio Decidendi
The court found that the applicants are entitled to bail as a constitutional right under Article 49(1)(h), and that the prosecution's initial objection based on the risk of interference with witnesses had been sufficiently addressed by the fact that one witness had already testified and the respondent had conceded to bail with conditions. The court determined that the interests of justice would be served by granting bail with stringent terms, including a bond of Kshs. 1,000,000 with surety, a requirement not to interfere with witnesses, mandatory reporting to the Lari DCIO every two weeks, and a warning that any breach would result in revocation of bail. The court emphasized the balance...
Court Disposition
Bail granted with stringent conditions.
Orders
- Each applicant is admitted to bail on a bond of Kshs. 1,000,000 with a surety of a like amount and one contact person.
- Applicants shall be of good conduct and shall not interfere with prosecution witnesses.
Full Case Text
Judgment text and source record
32 paragraphs
Kinuthia & 6 others v Republic (Criminal Case E023 of 2024) [2024] KEHC 15566 (KLR) (6 December 2024) (Ruling)
Neutral citation: [2024] KEHC 15566 (KLR)
Republic of Kenya
In the High Court at Kiambu
Criminal Case E023 of 2024
A Mshila, J
December 6, 2024
Between
Wallace Mbugua Kinuthia
1st Applicant
Antony Kamau Waithera
2nd Applicant
George Gitau Ngige
3rd Applicant
Simon Mbugua Thuo
4th Applicant
Daniel Wachira Mithute
5th Applicant
Dorothy Njeri Muiruri
6th Applicant
Joshua Nganga Mithute
7th Applicant
and
Republic
Respondent
Ruling
1. The Applicants were charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code; they are accused of having murdered Lewis Makimei Ngari on the 5th June, 2024. The Applicants have filed applications for admission to bail pending the hearing of the murder case which are premised under the Articles 49(f) and 50(a) of the Constitution 2010.
2. Their applications for bail had been disallowed before the star witnesses had testified for fear that they would interfere with the said witnesses.
3. After one witness testified the Applicants moved the court for a review of their bond terms. The application was opposed strenuously by the Prosecuting Counsel and the reason adduced was pursuant to the Court Order of 28th August, 2024 the application was premature as the star witnesses were yet to testify, but later he conceded to the Applicants being admitted to bail but with stringent terms and a severe reprimand not to interfere with the prosecution witnesses and to also report to the Lari DCIO every two (2) weeks.
4. As the application is not opposed this Court is satisfied that the application is merited, the Applicants ought to be given a chance to enjoy the benefits of Article 49(1)(h) of the Constitution 2010 but with a severe reprimand and stringent terms.
5. For those reasons the Applicants are hereby admitted to bail on the following terms and conditions:-i.Bond is set at Kshs.1,000,000/- with a surety of a like amount and one contact person;ii.The Applicants shall be of good conduct during this period, and shall not interfere with any of the prosecution witnesses;iii.The Applicants shall be in attendance at all mentions and hearings in a timely manner;iv.They are directed to report to the Lari DCIO office every two (2) weeks;v.In the event any of the Applicants breach any of these terms and conditions the offending Applicants Bond shall be vacated and they shall be returned and be remanded pending the determination of the case.Orders Accordingly
DATED, SIGNED AND DELIVERED VIA TEAMS AT KIAMBU THIS 6THDAY OF DECEMBER, 2024. A.MSHILAJUDGEIn the presence of;Court AssistantS – Sanja/JuliaGacharia – for the StateNjoroge for 1st , 2nd and 3rd , 4th, 5th, 6th and 7th accused and holding brief for Jesee for the 4th accusedNjenga Muchai watching brief for victim’s family1st accused – Wallace2nd accused – Antony3rd accused – Goerge4th Accused - Simon5th accused – Daniel6th accused – Joshua7th accused – Dorothy – out on bond.