[2014] KEHC 6147 (KLR)
The court found that the applicants are entitled to bail pending trial as there were no longer compelling reasons to deny them bail. The previous basis for denial—volatility and risk of violence—was no longer present, as confirmed by both the applicants and the State. The court emphasized the constitutional right to...
Source-derived case information.
- Citation
- [2014] KEHC 6147 (KLR)
- Parties
- Applicant: Amos Gitau Macharia; Applicant: David Mwangi Kibue; Applicant: Emmanuel Mwangi Lubisa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 35 of 2013
- Procedural Posture
- Criminal Case / Bail Review Application
- Outcome
- Bail granted subject to conditions.
- Judges
- CC Kipkorir
- Legal Topics
- Bail Pending Trial, Compelling Reasons for Bail, Conditional Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amos Gitau Macharia
Applicant
David Mwangi Kibue
Applicant
Emmanuel Mwangi Lubisa
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Bail Review Application
Legal Issues
- 1 Whether the applicants are entitled to bail pending trial given the changed circumstances.
- 2 Whether there exist compelling reasons to deny bail to the applicants.
Ratio Decidendi
The court found that the applicants are entitled to bail pending trial as there were no longer compelling reasons to deny them bail. The previous basis for denial—volatility and risk of violence—was no longer present, as confirmed by both the applicants and the State. The court emphasized the constitutional right to bail unless compelling reasons exist and determined that conditional release would adequately secure the applicants' attendance at trial and address any residual concerns. Accordingly, the court granted bail subject to specific conditions to ensure compliance and the integrity of the trial process.
Court Disposition
Bail granted subject to conditions.
Orders
- Each accused shall execute a personal bond of KShs.1 Million with one surety of like amount.
- Each accused shall provide evidence of his expected place of permanent abode and address upon release.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 35 OF 2013
REPUBLIC ………………......……………………...RESPONDENT
VERSUS
AMOS GITAU MACHARIA………………….1STAPPLICANT
DAVID MWANGI KIBUE…………………..2ND APPLICANT
EMMANUEL MWANGI LUBISA …………3RD APPLICANT
RULING
The three accused persons in this case have each filed an application for the review of my ruling dated 14th August 2013 in which I denied them bail. They state in their respective supporting affidavits that the situation on the ground was no longer volatile and that there was no likelihood of violence against them if they were released.
The application is not opposed by the State. Mr. Okeyo,the learned prosecuting counsel who had opposed the initial application submitted before court that the situation on the ground had changed and that there was no likelihood of the accused being harmed. He only asked the court to grant conditional terms to secure the accused’s attendance at trial.
I have considered the 3 applications. It is not in doubt that an accused person is entitled to bail pending trial unless there are compelling reasons to deny bail. There appear to be no compelling reasons to deny the applicants bail in this case.
They are released on bail on the following conditions:-
Each accused shall:
Execute a personal bond of KShs.1 Million with one surety of like amount.
Each accused shall provide evidence of his expected place of permanent abode and address upon release.
Each accused shall not leave the jurisdiction of this court without an order of the court.
Not interfere with prosecution witnesses.
Report to the Investigating Officer at Ruai Police Station once every two weeks until further orders of the court.
Attend the monthly mention of his case before the Deputy Registrar of the Court. The first such mention shall be on 14th April, 2014.
Orders accordingly.
Ruling delivered, dated and signed at Nairobi this 12th day of March, 2014
R. LAGAT - KORIR
JUDGE
In the presence of:
…………………………….: Court clerk
……………………………: 1st applicant
……………………………: 2nd applicant
……………………………: 3rd applicant
……………………………: For 1st applicant
……………………………: For 2nd applicant
……………………………: For 3rd applicant
………………………….: For the State/respondent