[2019] KEHC 4771 (KLR)
The court found that the applicants are known residents of the area, have strong family ties, and the pre-bail reports filed are favourable. There is no evidence or argument presented to suggest a likelihood of absconding or interference with witnesses. The application for bail is unopposed by the prosecution....
Source-derived case information.
- Citation
- [2019] KEHC 4771 (KLR)
- Parties
- Applicant: Peter Muthengi Kimwele; Applicant: Mwendwa Kimunzyu; Applicant: Kavengi Muthengi; Applicant: Martha Mwendwa; Applicant: Simon Muthengi Kathika alias Ntuiru; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 25 of 2018
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- bail granted
- Judges
- LN Mutende
- Legal Topics
- Bail Pending Trial, Murder Charge, Pre Bail Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Muthengi Kimwele
Applicant
Mwendwa Kimunzyu
Applicant
Kavengi Muthengi
Applicant
Martha Mwendwa
Applicant
Simon Muthengi Kathika alias Ntuiru
Applicant
Republic
Respondent
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the applicants should be granted bail pending trial for the offence of murder.
Ratio Decidendi
The court found that the applicants are known residents of the area, have strong family ties, and the pre-bail reports filed are favourable. There is no evidence or argument presented to suggest a likelihood of absconding or interference with witnesses. The application for bail is unopposed by the prosecution. Accordingly, the court exercised its discretion to grant bail to all applicants, setting different bond terms for accused 3 and 4 (Kshs. 200,000/= with surety) and accused 1, 2, and 5 (Kshs. 800,000/= with surety), based on the circumstances presented.
Court Disposition
bail granted
Orders
- Accused 3 and 4 to be released on bond of Kshs. 200,000 each with a surety in a like sum.
- Accused 1, 2 and 5 to be released on bond of Kshs. 800,000 each with a surety of an even sum.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITUI
CRIMINAL CASE NO. 25 OF 2018
PETER MUTHENGI KIMWELE.....................................1ST APPLICANT
MWENDWA KIMUNZYU................................................2ND APPLICANT
KAVENGI MUTHENGI....................................................3RD APPLICANT
MARTHA MWENDWA....................................................4TH APPLICANT
SIMON MUTHENGI KATHIKA ALIASNTUIRU.......5TH APPLICANT
VERSUS
REPUBLIC.............................................................................RESPONDENT
R U L I N G
1. The Applicants herein seek to be released on bail pending trial. They are charged with the offence of Murdercontrary to Section 203as read with Section 204of the Penal Code.
2. The Application is premised on grounds that they were arraigned in Court following the accusation on the 6thday of August, 2018;they are known residents of Ngongoni Locationin Tseikuru Sub-Countyof Kitui Countyand hence no chance of absconding; the 3rd Applicant is a wife to the 1st Applicant; they have five (5) children; while the 4th Applicant is a wife of the 2nd Applicant and they have eight (8) children.
3. The Application is unopposed. I have perused the pre-bail reports filed herein which are favourable to the Applicants. I therefore grant orders thus:
Accused 3 and 4–Each will be released on bond of Kshs. 200,000/=with a surety in a like sum.
Accused 1, 2 and 5–Each will be released on bond of Kshs. 800,000/=with a surety of an even sum.
4. It is so ordered.
Dated, Signed and Delivered at Kitui this 3rd day of July, 2019.
L. N. MUTENDE
JUDGE