[2021] KEHC 1239 (KLR)
The court found that there were no compelling reasons presented to deny the accused bail. The State did not oppose the application, and the only issue raised related to a family land feud, which did not amount to a compelling reason. The court emphasized that the primary consideration in granting bail is the...
Source-derived case information.
- Citation
- [2021] KEHC 1239 (KLR)
- Parties
- Respondent: Republic; Applicant: Amos Kibuthu Ngige
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E035 of 2021
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail_granted
- Judges
- MM Kasango
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Right to Bond, Murder Charge
- 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
Amos Kibuthu Ngige
Applicant
Procedural Posture
Criminal Case / Bail Application Ruling
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 presented to deny the accused bail. The State did not oppose the application, and the only issue raised related to a family land feud, which did not amount to a compelling reason. The court emphasized that the primary consideration in granting bail is the likelihood of the accused attending trial. Since there was no evidence or argument suggesting that the accused was likely to abscond or interfere with the trial process, the accused's constitutional right to bail prevailed. The court therefore granted bail on reasonable terms.
Court Disposition
bail_granted
Orders
- The accused Amos Kibuthu Ngige is granted bond of Kshs.500,000 and one surety of similar amount pending his trial.
- At reading of this Ruling, a hearing date will be fixed.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO. E035 OF 2021
BETWEEN
REPUBLIC.....................................................................................PROSECUTOR
VERSUS
AMOS KIBUTHU NGIGE....................................................................ACCUSED
RULING
1. AMOS KIBUTHU NGIGE is charged in this case with the offence of murder and he has sought from this Court he be released on bond/bail pending hearing of this case.
2. The bail application was not opposed by the State. According to the accused’s counsel, the alleged murder is connected to a family land feud over land. It would seem that some members of accused’s family are in favour of accused’s release on bond/bail whilst others are not. There is however no compelling reason to deny accused his prayer for bond/bail.
3. The primary consideration in granting bond/bail is to ensure the accused does attend trial. See the case REPUBLIC VS. ROBERT ZIPPOR NZILU (2018) eKLR as follows:-
“18. I associate myself with the view expressed byMuriithi, JinKELLY KASES BUNJIKA VS. REPUBLIC(supra) that:
‘It is clear that the primary consideration for bail is whether the accused will attend his trial for the charges facing him, and it must, therefore, be a compelling reason if it is demonstrated that “the accused person is likely to fail to attend court proceedings”. The question in this matter becomes whether there is, on a balance of probabilities evidence that the accused is likely to abscond. The accused claims to have a good defence to the charge of escape from custody. The nature of such defence and evidence is not disclosed. The accused merely asserts his “constitutional right to be granted Bond/Bail on reasonable and favourable terms.’
19. From the constitutional point of view, however, an accused person has the right to be released on bond or bail, on reasonable conditions pending a charge or trial. This right can only be limited where it is shown that there exist compelling reasons not to be released.”
4. The accused’s prayer for bond/bail finds favour with the court. Accordingly, I grant the following orders:-
(a) The accused Amos Kibuthu Ngige is granted bond of Kshs.500,000/= and one surety of similar amount pending his trial.
(b) At reading of this Ruling, a hearing date will be fixed.
5. Orders accordingly.
RULING DATED AND DELIVERED AT KIAMBU THIS 16TH DAY OF DECEMBER, 2021.
MARY KASANGO
JUDGE
Coram:
Court Assistant : Maurice
For DPP :- Ms. Kathambi/Mr Kasyoka
For Accused: - Mr. Marube
Accused : AMOS KIBUTHU NGIGE: present
COURT
RULING delivered virtually.
MARY KASANGO
JUDGE