[2015] KEHC 3539 (KLR)
The court found that bail is a constitutional right under Article 49(1)(h) of the Constitution of Kenya, 2010, and may only be denied for compelling reasons. Upon reviewing the witness statements provided by the prosecution, the court found no compelling reason to deny the accused bail. Consequently, the application...
Source-derived case information.
- Citation
- [2015] KEHC 3539 (KLR)
- Parties
- Respondent: Republic; Applicant: Anastacia Ndunge Gitau
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 37 of 2014
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- application for bail allowed
- 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
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Parties
Republic
Respondent
Anastacia Ndunge Gitau
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 bail to the accused.
Ratio Decidendi
The court found that bail is a constitutional right under Article 49(1)(h) of the Constitution of Kenya, 2010, and may only be denied for compelling reasons. Upon reviewing the witness statements provided by the prosecution, the court found no compelling reason to deny the accused bail. Consequently, the application for bail was allowed, and the accused was admitted to bail upon her own cognizance in the sum of KShs 100,000 plus one surety of like sum.
Court Disposition
application for bail allowed
Orders
- The accused shall be admitted to bail upon her own cognizance in the sum of KShs 100,000 plus one surety of like sum.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MURANG’A
CRIMINAL CASE NO 37 OF 2014
REPUBLIC…………………………………….…………………PROSECUTOR
VERSUS
ANASTACIA NDUNGE GITAU.……………………………....………ACCUSED
R U L I N G
1. The Accused Anastasia Ndunge Gitau is charged with murder contrary to section 203 as read with section 204 of the Penal Code. It is alleged in the information dated 30/12/2014 that on 31/07/2014 at about 4. 00 p.m. at Karuhiu Village within Murang’a County she murdered one Nancy Njeri Kuria. On 10/03/2015 she pleaded not guilty to the charge. Her trial is scheduled to commence on 24/11/2015. She has in the meantime applied by notice of motion dated 23/04/2015 to be admitted to bail pending her trial. The Republic does not oppose the application.
2. Bail pending trial is now a constitutional right that will be denied only for compelling reason; and conditions for such bail must be reasonable. See Article 49(1) (h) of the Constitution of Kenya, 2010. I have perused the witness statements supplied to the Accused and the court by the prosecution. I find no compelling reason to deny the Accused bail.
3. I will in the event allow the application. The Accused shall be admitted to bail upon her own cognizance in the sum of KShs 100,000/00 plus one surety of like sum. It is so ordered.
DATED, SIGNED AT MURANG’A THIS 23RD DAY OF 2015
H P G WAWERU
JUDGE
DELIVERED AT MURANG’A THIS 24TH DAY OF JULY 2015