[2021] KEHC 1093 (KLR)
The court found that the accused is entitled to bail pending trial as there were no compelling reasons presented by the State to deny bail. The right to bail is constitutionally guaranteed unless compelling reasons are shown. The seriousness of the offence and the potential punishment were considered, but in the...
Source-derived case information.
- Citation
- [2021] KEHC 1093 (KLR)
- Parties
- Respondent: Republic; Applicant: Ann Waithera Kamau
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E029 of 2021
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- bail granted with conditions
- Judges
- MM Kasango
- Legal Topics
- Bail Pending Trial, Right to Bail, Compelling Reasons, Attendance at Trial
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Ann Waithera Kamau
Applicant
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny bail to the accused.
- 3 What conditions, if any, should be imposed if bail is granted.
Ratio Decidendi
The court found that the accused is entitled to bail pending trial as there were no compelling reasons presented by the State to deny bail. The right to bail is constitutionally guaranteed unless compelling reasons are shown. The seriousness of the offence and the potential punishment were considered, but in the absence of opposition or evidence of risk of absconding or interference with witnesses, the court exercised its discretion to grant bail with strict terms to ensure the accused's attendance at trial and non-interference with witnesses.
Court Disposition
bail granted with conditions
Orders
- Ann Waithera Kamau is granted bond of Kshs.800,000 with one surety of similar amount.
- Ann Waithera Kamau shall not interfere with the prosecution’s witnesses.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO. E029 OF 2021
BETWEEN
REPUBLIC................................................................................................PROSECUTOR
VERSUS
ANN WAITHERA KAMAU.............................................................................ACCUSED
RULING
1. ANN WAITHERA KAMAU has applied to be released on bond/bail pending his trial for the offence of murder.
2. The accused is a 27 year old. She is the second born of 4 siblings. Their mother brought them up as a single mother. Accused is a mother of a daughter who is cared for by her mother, the child’s grandmother.
3. The accused’s application for bail was not opposed by the State. The State however requested that the terms of bail be strict.
4. An accused has a right to be released on bond or bail on reasonable conditions pending trial unless compelling reasons exists why bond or bail should not be granted. See Article 49(1)(h) of the Constitution.
5. The primary consideration of granting bond/bail is whether the accused will attend his/her trial. In that consideration, the court should also bear in mind the charge or offence the accused faces: see the case PRISCILLA JEMUTAI KILONGEI VS. REPUBLIC (2002) eKLR as follows:-
“However, the nature of the charge or offence and the seriousness of the punishment if the applicant is found guilty must be considered in applications of this nature. I subscribe to the observation that, where the charge against the accused is more serious and punishment heavy, there are more probabilities and incentive to abscond, whereas in case of minor offences there may be no such incentive.”
6. The determination of this Court of the accused’s application is as follows:-
a. Ann Waithera Kamau is granted bond of Kshs.800,000/- with one surety of similar amounts.
b. Ann Waithera Kamau shall not interfere with the prosecution’s witnesses.
c. At the reading of this ruling, a hearing date shall be fixed for this case.
RULING DATED AND DELIVERED AT KIAMBU THIS 16TH DAY OF DECEMBER, 2021
MARY KASANGO
JUDGE
Coram:
Court Assistant : Maurice
For DPP :- Kathambi/Kasyoka Present
For Accused :- Mr. James Mururi
Accused ANN WAITHERA KAMAU Present
COURT
RULING delivered virtually.
MARY KASANGO
JUDGE