[2021] KEHC 3812 (KLR)
The court found that, in the absence of any objection from the prosecution and no evidence of compelling reasons to deny bail, the accused is entitled to bail as a constitutional right. The seriousness of the charge alone does not constitute a compelling reason to deny bail. The court therefore exercised its...
Source-derived case information.
- Citation
- [2021] KEHC 3812 (KLR)
- Parties
- Respondent: Republic; Defendant: Pythus Sila Ndavi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E058 of 2021
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- Bail granted on specified terms.
- Judges
- DO Ogembo
- Legal Topics
- Bail Pending Trial, Right to Bail, Murder Charge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Pythus Sila Ndavi
Defendant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for a charge of murder.
- 2 What are the appropriate terms for granting bail in this case.
Ratio Decidendi
The court found that, in the absence of any objection from the prosecution and no evidence of compelling reasons to deny bail, the accused is entitled to bail as a constitutional right. The seriousness of the charge alone does not constitute a compelling reason to deny bail. The court therefore exercised its discretion to grant bail, imposing conditions to ensure the accused's attendance at trial and to prevent interference with witnesses.
Court Disposition
Bail granted on specified terms.
Orders
- The accused may be released on a bond of Kshs. 2,000,000 with one surety of a similar amount.
- Alternatively, the accused may be released on a cash bail of Kshs. 200,000.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL CASEE058 OF 2021
PROSECUTOR.................................................................................REPUBLIC
VERSUS
PYTHUS SILA NDAVI.....................................................................ACCUSED
RULING
The accused PYTHUS SILA NDARI, is charged with murder contrary to section 203 as read with 204 of the Penal Code. the prosecution has not objected to the release of the accused on bail pending determination of his case.
Article 49(1)(h) guarantees the right to bail on reasonable terms to all accused persons. I have considered the nature of the charge that the accused faces. In view of the fact that there is no objection to release of the accused on bail, I order that pending determination of his case, the accused may be released on bail on the following terms:-
i) The accused may be released on a bond of Kshs. 2 million with 1 surety of a similar amount.
ii) In the alternative, he may be released on a cash bail of Ksh.200,000/=.
iii) The accused is ordered never to contact and interfere with any prosecution witnesses, directly or indirectly till this case is determined.
iv) The accused upon release, is ordered to attend court at all times as would be ordered from time to time till this case is determined.
D. O. OGEMBO
JUDGE
27. 9.2021.
Court:
Ruling read in presence of the accused (Nairobi Remand), Mr. Nzaku, for the accused and Ms. Gichuhi for the state.
D. O. OGEMBO
JUDGE
27. 9.2021.
Court:
To be mentioned before the Hon. Nzioka J. for allocation and for hearing date. Mention 4. 10. 2021. (Nzioka J.)