[2020] KEHC 1380 (KLR)
The court found that bail is a constitutional right and may only be denied if the prosecution demonstrates compelling reasons. In this case, the prosecution did not oppose the application for bail and did not provide any compelling reasons to justify denial. The court also considered the pre-bail report and the...
Source-derived case information.
- Citation
- [2020] KEHC 1380 (KLR)
- Parties
- Applicant: Nicholus Mwenda Mutuku; Respondent: Director of Public Prosecutions
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E030 of 2020
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail_granted
- Legal Topics
- Bail Application, Murder Charge, Pre Bail Report, Constitutional Rights, Compelling Reasons
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nicholus Mwenda Mutuku
Applicant
Director of Public Prosecutions
Respondent
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the applicant is entitled to bail pending trial for a charge of murder.
- 2 Whether the prosecution has demonstrated compelling reasons to deny bail.
Ratio Decidendi
The court found that bail is a constitutional right and may only be denied if the prosecution demonstrates compelling reasons. In this case, the prosecution did not oppose the application for bail and did not provide any compelling reasons to justify denial. The court also considered the pre-bail report and the nature of the charge. As no compelling reasons were shown, the applicant was entitled to bail. The court therefore allowed the application and set the terms for release on bond, with conditions to ensure attendance and non-interference with witnesses.
Court Disposition
bail_granted
Orders
- The applicant Nicholas Mwendwa Mutuku may be released on a bond of Ksh.1 million with one surety of a similar amount.
- The applicant is ordered never to interfere with or contact any prosecution witness until the case is determined.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL CASE NO.E030 OF 2020
NICHOLUS MWENDA MUTUKU......................APPLICANT
VERSUS
DIRECTOR OF PUBLIC PROSECUTIONS...RESPONDENT
RULING
This matter now comes up for the oral application made by the applicant for bail. He faces a charge of murder contrary to section 203 as read with section 204 of the Penal code. The prosecution side has not opposed the application for release of the accused on bond.
I have considered the nature of the charge herein, the pre-bail report filed herein and also the fact that the prosecution is not objecting to this application. Bail is a constitutional right of an accused person to be denied only where the prosecution has proved the existence of a compelling reason. None has been shown herein.
I accordingly allow the oral application of the applicant and order that the applicant Nicholas Mwendwa Mutuku may be released on a bond of Ksh.1 million with 1 surety of a similar amount. He is ordered never to interfere with or contact any prosecution witness herein till the case is determined. Lastly, upon being released, he is ordered to attend court at all times as shall be ordered by the court from time to time till this case is determined.
HON. JUSTICE D. OGEMBO OGOLA
27TH OCTOBER 2020
Court:
Ruling read out in open court (on-line) in presence of Mr. Odawa for the accused, the accused and Mr. Chebii for the state.
HON. JUSTICE D. OGEMBO OGOLA
27TH OCTOBER 2020
Court:
Hearing date to be fixed. Hearing 20th/21st January 2021.
HON. JUSTICE D. OGEMBO OGOLA
27TH OCTOBER 2020