[2021] KEHC 1447 (KLR)
The court held that the accused is facing a serious charge of murder, and therefore the bond terms previously set—Kshs. 500,000 with two sureties of similar amount—are reasonable and commensurate with the gravity of the offence. The discretion to grant bond or bail, especially in cases involving serious offences,...
Source-derived case information.
- Citation
- [2021] KEHC 1447 (KLR)
- Parties
- Accused: Magdalene Nyathira Mburu; Prosecutor: Republic
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E036 of 2021
- Procedural Posture
- Criminal Case / Ruling on Bond Review Application
- Outcome
- application for review of bond terms declined
- Judges
- MM Kasango
- Legal Topics
- Bail and Bond, Murder Charges, Judicial Discretion, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Magdalene Nyathira Mburu
Accused
Republic
Prosecutor
Procedural Posture
Criminal Case / Ruling on Bond Review Application
Legal Issues
- 1 Whether the bond terms imposed on the accused were unreasonable or excessive.
- 2 Whether the accused is entitled to a review of bond terms based on constitutional rights and risk assessment.
Ratio Decidendi
The court held that the accused is facing a serious charge of murder, and therefore the bond terms previously set—Kshs. 500,000 with two sureties of similar amount—are reasonable and commensurate with the gravity of the offence. The discretion to grant bond or bail, especially in cases involving serious offences, lies with the court, and the accused is not entitled to automatic release on less stringent terms. The application for review of bond terms was therefore declined.
Court Disposition
application for review of bond terms declined
Orders
- The application for review of bond terms is declined.
- The bond terms set on 5th May, 2021 remain in force.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO. E036 OF 2021
BETWEEN
MAGDALENE NYATHIRA MBURU............................................................... ACCUSED
VERSUS
REPUBLIC....................................................................................................PROSECUTOR
RULING
1. MAGDALENE NYATHIRA MBURU, has a pending trial for the offence of murder. By this Court’s Ruling of 5th May,2021 the accused was ordered to be released from custody on her own bond of Kshs.500,000/= and two sureties of similar amount.
2. The accused has filed an application dated 16th July, seeking review of that order of 5th May, 2021.
3. The application is based on the grounds that:-
(a) The terms of release on bond were stiff and unfavourable.
(b) That the accused is not a flight risk.
(c) That the accused has a constitutional right to be released on bond/bail on reasonable grounds.
4. I have considered the application and the supporting affidavit.
5. The accused is facing a serious charge. It is necessary for the bond terms to be commensurate to the seriousness of the offence. In this regard, I cite the case of REPUBLIC VS. MILTON KABULIT & 60 OTHERS (2011) eKLR as follows:-
“My understanding of Section (sic) 49 (1) (g) (h) is firstly, that the right of an arrested person to bond or bail in respect of any offence is solely at the discretion of the court seized of the application. Secondly, the only accused entitled to a right to an automatic bond or bail are those charged with offences (which may be referred to as “petty offences”) the punishment of which {if found guilty and convicted) is either a fine only, or imprisonment for a term of less than six months”
6. Bearing the above in mind, I find and hold the terms of release on bond issued by the Ruling of 5th May, 2021 are commensurate to the offence and are reasonable. The application therefore is declined.
7. Orders accordingly.
RULING DATED AND DELIVERED AT KIAMBU THIS 9TH DAY OF DECEMBER, 2021.
MARY KASANGO
JUDGE
Coram:
Court Assistant : Maurice
For DPP :- Ms. Kathambi/Kasyoka
For Accused :- Mr. Mukuria
Accused : MAGDALENE NYATHIRA MBURU:- Present
COURT
RULING delivered virtually.
MARY KASANGO
JUDGE