[2022] KEHC 17237 (KLR)
The court found that there were no compelling reasons advanced by the prosecution to deny the applicants bail, especially since the application was not opposed and the pre-bail reports were favourable. The constitutional right to bail must be upheld unless there are valid reasons to restrict it. The court emphasized...
Source-derived case information.
- Citation
- [2022] KEHC 17237 (KLR)
- Parties
- Applicant: Jackline Nduta; Applicant: Jesse Levi Luyali; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kajiado
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E016 of 2022
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Bail granted to both applicants on specified terms.
- Judges
- SN Mutuku
- Legal Topics
- Bail Application, Murder Charge, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackline Nduta
Applicant
Jesse Levi Luyali
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the applicants are entitled to bail pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny bail to the applicants.
Ratio Decidendi
The court found that there were no compelling reasons advanced by the prosecution to deny the applicants bail, especially since the application was not opposed and the pre-bail reports were favourable. The constitutional right to bail must be upheld unless there are valid reasons to restrict it. The court emphasized that the main consideration is ensuring the accused persons' attendance at trial. Consequently, both applicants were admitted to bail on specified terms.
Court Disposition
Bail granted to both applicants on specified terms.
Orders
- Each accused person shall execute a bond of Kshs 500,000 with one surety of similar amount.
- In the alternative, each accused person may deposit in court Kshs 200,000 as case bail.
Full Case Text
Judgment text and source record
25 paragraphs
Nduta & another v Republic (Criminal Case E016 of 2022) [2022] KEHC 17237 (KLR) (10 November 2022) (Ruling)
Neutral citation: [2022] KEHC 17237 (KLR)
Republic of Kenya
In the High Court at Kajiado
Criminal Case E016 of 2022
SN Mutuku, J
November 10, 2022
Between
Jackline Nduta
1st Applicant
Jesse Levi Luyali
2nd Applicant
and
Republic
Respondent
Ruling
1. The two applicants are charged with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence are that on 2nd day of August, 2022, at around 0002hrs at Grand Mirage Lounge, Ngong Town in Kajiado North Sub-county within Kajiado County, jointly with others not before the court murdered Moses Oyugi Onyango.
2. They have pleaded not guilty to the charges.
3. They have approached this court through oral applications by their respective legal counsel seeking to be admitted to bail/bond pending the hearing and determination of this matter. The application was not opposed by the State, through the Office of the Director of Public Prosecutions.
4. This court called for pre-bail reports from the Probation Office. Both reports have been filed. I have read the contents of the two reports and both seem favourable to each accused person.
5. Bail is a constitutional right that can be denied if compelling reasons are advanced. There are no compelling reasons advanced in this case given that this application is not opposed.
6. The paramount consideration in respect to bail/bond is to secure the attendance to court of an accused person when he/she is required to do so until the case is fully heard and determined. Being admitted to bail/bond is a right that, though not absolute, ought to be respected by an accused person. It is only after an accused person makes himself/herself available in court during the pendency of the trial that the court is able to hear the matter fully and determine it thereby affording justice for all the parties in the case.
7. In consideration of this matter, I find that I have no reason to deny both accused persons bail/bond. I therefore admit Jackline Nduta, 1st accused, and Jesse Levi Luyali, 2nd accused, to bail pending the hearing and determination of this matter in the following terms:i.Each accused person shall execute a bond of Kshs 500,000 with one surety of similar amount.ii.In the alternative, each accused person is at liberty to deposit in court Kshs 200,000 as case bail.iii.The accused persons are cautioned that their attendance in court is required at all times until this matter is fully heard and determined.
8. Orders shall issue accordingly.
Dated, signed and delivered this 10thday of November, 2022. S. N. MUTUKUJUDGE1| Ruling on bail in Kajiado Criminal Case No. E016 of 2022