[2016] KEHC 5147 (KLR)
The court found that there were no compelling reasons to deny the applicants bail. The pre-bail reports were favorable, indicating the applicants were not a flight risk and had no prior criminal records. The State did not oppose the application, and the only objections came from the deceased's family on emotional...
Source-derived case information.
- Citation
- [2016] KEHC 5147 (KLR)
- Parties
- Applicant: Phineas Bundi; Applicant: Joshua Muthaura; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 95 of 2015
- Procedural Posture
- Criminal Case / Ruling on Bail Application Pending Trial
- Outcome
- Application for bail granted.
- Judges
- RPV Wendoh
- Legal Topics
- Bail Pending Trial, Presumption of Innocence, Compelling Reasons for Bail
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Phineas Bundi
Applicant
Joshua Muthaura
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Ruling on Bail Application Pending Trial
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 the applicants bail.
Ratio Decidendi
The court found that there were no compelling reasons to deny the applicants bail. The pre-bail reports were favorable, indicating the applicants were not a flight risk and had no prior criminal records. The State did not oppose the application, and the only objections came from the deceased's family on emotional grounds, which the court held were insufficient to override the constitutional presumption of innocence and the right to bail. The court emphasized the need to balance the rights of the accused with the interests of the victims, but in the absence of compelling reasons, bail must be granted.
Court Disposition
Application for bail granted.
Orders
- Each accused may be released on a bond of KShs.250,000 with one surety of a similar amount or cash bail of KShs.75,000.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL CASE NO. 95 OF 2015
PHINEAS BUNDI……………………….…………… 1st APPLICANT
JOSHUA MUTHAURA…………………...………….2ND APPLICANT
VERSUS
REPUBLIC……………………………………………….RESPONDENT
RULING
The accused persons are charged with the offence of murder contrary to Section 203 as read with section 204 of the Penal Code CAP 63 of the Laws of Kenya.
By a Notice of Motion Application dated 24th February 2016, the accused persons have sought to be released on bail pending the hearing and determination of this case.
The applicants contend that they have a Constitutional right to be released on bail pending the hearing and determination of this case; that they are presumed innocent until proved guilty; that they have a fixed abode and are not a flight risk.
The application was not opposed by the State.
Before the court considered this application, it asked for pre-bail reports. According to the pre-bail reports filed in court on 27th April 2016, it was stated that the accused persons had been friends with the victim’s family; that other than this incident the accused had never been involved in criminal activities. The community was optimistic that the accused will not abscond court process if given an opportunity to attend court on bail.
The mother and sister to the deceased were opposed to the grant of bail stating that the incident had happened recently and was still fresh in their mind and having them released on bail would add more pain to them.
I have considered this application, submissions by counsel and the pre bail reports.
The State did not object to the accused persons being released on bail. Similarly, the pre-bail reports depicted the accused persons in good light and there are no serious objections to the accused persons being released on bail. In most cases, the deceased’s family will always object to release of an accused on bond because of their pain but the court has to balance the rights of all involved considering that the accused persons shall be presumed innocent till proved otherwise. There are no known compelling reasons to deny accused persons bond and I do grant the application as follows:
Each accused may be released on abond of KShs.250,000/= with one surety of a similar amountorcash bail of KShs.75,000/=.
DATED, SIGNED AND DELIVERED THIS 10TH DAY OF MAY, 2016.
R.P.V. WENDOH
JUDGE
10/5/2016
PRESENT
Mr. Mulochi for State
Ms. Nelima for Accused
Peninah/Ibrahim, Court Assistants
Both Present, Accused