[2021] KEHC 7248 (KLR)
The court found no compelling reasons to deny the accused bail, noting that the prosecution did not oppose the application and the probation pre-bail report was positive. The court acknowledged the seriousness of the charge and the potential punishment but determined that the constitutional right to bail prevails in...
Source-derived case information.
- Citation
- [2021] KEHC 7248 (KLR)
- Parties
- Applicant: Nelson Muhagani Mugadi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Civil Case 19 of 2020
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail_granted_with_conditions
- Judges
- MM Kasango
- Legal Topics
- Bail Pending Trial, Compelling Reasons for Bail, Murder Charge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nelson Muhagani Mugadi
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there are compelling reasons to deny the accused bail in a murder case.
- 3 What conditions, if any, should be imposed if bail is granted.
Ratio Decidendi
The court found no compelling reasons to deny the accused bail, noting that the prosecution did not oppose the application and the probation pre-bail report was positive. The court acknowledged the seriousness of the charge and the potential punishment but determined that the constitutional right to bail prevails in the absence of compelling reasons. The court imposed conditions to ensure the accused's attendance at trial and to prevent interference with witnesses, including a bond of Kshs. 500,000 with two sureties of similar amount and a prohibition on interfering with prosecution witnesses.
Court Disposition
bail_granted_with_conditions
Orders
- The accused, Nelson Muhagani Mugadi, shall be released on bond of Kshs.500,000 with two sureties of similar amount.
- The accused shall not interfere with prosecution’s witnesses.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO. 19 OF 2020
NELSON MUHANGANI MUGADI…..............ACCUSED
VERSUS
REPUBLIC...............................................PROSECUTOR
RULING
1. NELSON MUHAGANI MUGADI is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. He has applied, by his application dated 25th February, 2021, that he be released on bail pending his trial. Under Article 49(1)(h) of the Constitution unless there are compelling reasons, an arrested person has the right to be released on bond or bail on reasonable conditions pending either his charge or trial. The grounds which could lead to refusal of bail were considered in the case of REPUBLIC VS. ROBERT ZIPPORT NZILU (2018) eKLR that is, where an accused may endanger the safety of public, where he the accused may fail to attend his trial, where he may attempt to influence or intimidate witnesses or conceal or destroy evidence, or jeopardise the proper functioning of the criminal justice system, amongst others.
2. The Director of Public Prosecutions did not oppose bail application but requested that the sureties be person who reside in Kiambu or Nairobi County because the accused is resident of Kakamega.
3. I have considered the probation pre-bail report, which report is positive towards the bail application.
4. In view of the above and bearing in mind the offence the accused faces and the serious possible punishment, if the accused is convicted I make the following orders:-
(a) Nelson Muhagani Mugadi shall be released on bond of Kshs.500,000/= with two sureties of similar amount.
(b) The accused shall not interfere with prosecution’s witnesses
RULING DATED, SIGNED and DELIVERED at KIAMBU this 6TH day of MAY, 2021.
MARY KASANGO
JUDGE
Coram:
Court Assistant…………… Ndege.
Applicant: …………………… present
For accused ...…………… Mr. Karanja
Mr. Kasyoka ……………….for the State
COURT
Ruling delivered virtually.
MARY KASANGO
JUDGE