[2020] KEHC 2446 (KLR)
The court found that there were no compelling reasons presented by the prosecution to deny the accused persons their constitutional right to bail. After reviewing the witness statements and other documents supplied by the prosecution, the court determined that the accused should be admitted to bail on reasonable...
Source-derived case information.
- Citation
- [2020] KEHC 2446 (KLR)
- Parties
- Applicant: Republic; Defendant: Alex Muriithi; Defendant: Vivian Kanana Kariuki
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 1 of 2020
- Procedural Posture
- Criminal Application / Ruling on Bail Pending Trial
- Outcome
- Bail granted to both accused persons.
- Judges
- DW Mbuteti
- Legal Topics
- Bail Pending Trial, Murder Charge, Constitutional Rights, Compelling Reasons, Personal Cognizance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Alex Muriithi
Defendant
Vivian Kanana Kariuki
Defendant
Procedural Posture
Criminal Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the accused persons are entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there exist compelling reasons to deny the accused persons bail.
Ratio Decidendi
The court found that there were no compelling reasons presented by the prosecution to deny the accused persons their constitutional right to bail. After reviewing the witness statements and other documents supplied by the prosecution, the court determined that the accused should be admitted to bail on reasonable terms. The court emphasized that the right to bail is constitutionally protected and can only be limited where compelling reasons are demonstrated, which was not the case here.
Court Disposition
Bail granted to both accused persons.
Orders
- Each accused shall be released upon his/her personal cognizance in the sum of KShs 300,000 plus one surety in the same sum.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
CRIMINAL NO 1 OF 2020
REPUBLIC.......................................................................................PROSECUTOR
VERSUS
1. ALEX MURIITHI
2. VIVIAN KANANA KARIUKI.........................................................ACCUSED
RULING ON BAIL
1. The two Accused herein, ALEX MURIITHI and VIVIAN KANANA KARIUKI, are charged with murder contrary to sections 203 and 204 of the Penal Code. It is alleged in the information dated 15/01/2020 that in the night of 29th and 30th December, 2019 at Kangaita in Buuri Sub-County within Meru County, jointly with others not before the court, they murdered one JOHN LOMOI.
2. On 22/01/2020 the Accused pleaded not guilty to the charge. Because of the current Coronavirus (COVID-19) pandemic in the country the case has not yet been given a date for trial. In the meantime the Accused have asserted their constitutional right to bail pending trial. The Republic has no objection.
3. Bail pending trial is now a constitutional right that will be denied only for compelling reason; and any condition that the court might impose for such bail, again by constitutional dictate, must be reasonable. For all that see Article 49(1) (h) of the Constitution of Kenya, 2020.
4. I have perused through the witness statements and other documents, copies of which were supplied to the Accused and to court by the prosecution. I can find therein no compelling reason to deny the Accused their constitutional right. I will admit them to bail.
5. Each Accused shall be released upon his/her personal cognizance in the sum of KShs 300,000/00 plus one surety in the same sum. It is so ordered.
DATED AND SIGNED AT NANYUKI THIS 29TH DAY OF SEPTEMBER 2020
H P G WAWERU
JUDGE
DELIVERED AT NANYUKI THIS 8TH DAY OF OCTOBER 2020