[2017] KEHC 5735 (KLR)
The court found that there were no compelling reasons to deny the accused bail after reviewing the witness statements and circumstances of the alleged offence. The constitutional right to bail under Article 49(1)(h) of the Constitution of Kenya, 2010, applies to all criminal offences, including murder, unless...
Source-derived case information.
- Citation
- [2017] KEHC 5735 (KLR)
- Parties
- Respondent: Republic; Applicant: Alice Wairimu Njuguna
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 23 of 2016
- Procedural Posture
- Criminal Case / Ruling on Bail Application Pending Trial
- Outcome
- Bail granted to the accused pending trial.
- Judges
- DW Mbuteti
- Legal Topics
- Bail Pending Trial, Murder Charge, Compelling Reasons, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Respondent
Alice Wairimu Njuguna
Applicant
Procedural Posture
Criminal Case / Ruling on Bail Application Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for the offence of murder.
- 2 Whether there exist compelling reasons to deny the accused bail.
Ratio Decidendi
The court found that there were no compelling reasons to deny the accused bail after reviewing the witness statements and circumstances of the alleged offence. The constitutional right to bail under Article 49(1)(h) of the Constitution of Kenya, 2010, applies to all criminal offences, including murder, unless compelling reasons are shown. Since the prosecution did not object and no such reasons were established, the accused was entitled to bail on reasonable terms.
Court Disposition
Bail granted to the accused pending trial.
Orders
- The accused shall be released upon her own cognizance in the sum of KShs 500,000.00 and one surety in like sum.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MURANG’A
CRIMINAL CASE NO 23 OF 2016
REPUBLIC............................................PROSECUTOR
VERSUS
ALICE WAIRIMU NJUGUNA.......................ACCUSED
R U L I N G
1. The Accused in this case, Alice Wairimu Njuguna, is charged with murdercontrary to section 203 as read with section 204of the Penal Code. It is alleged in the information dated 10/10/2016 that on 28/09/2016 at an unknown time at Kiahuho Village, Gachocho Location in Kigumo Sub-County within Murang’a County, jointly with others not before the court, she murdered one Faith Wanjiku Muriithi. On 11/10/2016 she pleaded not guilty to the charge. Her trial is scheduled to commence on 03/07/2017. She has in the meantime applied to be admitted to bail by notice of motion dated 17/10/2016. The Republic has no objection.
2. Bail pending trial is now a constitutional right for all criminal offences that will be denied only for compelling reason, and any conditions that the court might impose for such bail, again by constitutional edict, must be reasonable. SeeArticle 49(1)(h)of the Constitution of Kenya, 2010.
3. I have perused the witness statements and other documents provided to the Accused and to the court by the prosecution. I have noted the circumstances under which the alleged offence was committed. I find no compelling reason to deny bail.
4. In the circumstances I will allow the application. The accused shall be released upon her own cognizance in the sum of KShs 500,000/00 and one surety in like sum. It is so ordered.
DATED AND SIGNED AT MURANG’A THIS 18TH DAY OF MAY 2017
H P G WAWERU
JUDGE
DELIVERED AT MURANG’A THIS 19TH DAY OF MAY 2017