[2015] KEHC 3270 (KLR)
The court found that the accused, charged with murder, is constitutionally entitled to bail unless compelling reasons exist to deny it. Upon reviewing the prosecution's witness statements and documents, the court found no compelling reason to deny bail. The court emphasized that the right to bail is guaranteed under...
Source-derived case information.
- Citation
- [2015] KEHC 3270 (KLR)
- Parties
- Respondent: Republic; Applicant: Ann Wangari Mwangi
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 15 of 2015
- Procedural Posture
- Bail Application / Pre Trial
- Outcome
- bail granted
- 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
Ann Wangari Mwangi
Applicant
Procedural Posture
Bail Application / Pre Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for a charge of murder.
- 2 Whether there exist compelling reasons to deny the accused bail.
Ratio Decidendi
The court found that the accused, charged with murder, is constitutionally entitled to bail unless compelling reasons exist to deny it. Upon reviewing the prosecution's witness statements and documents, the court found no compelling reason to deny bail. The court emphasized that the right to bail is guaranteed under Article 49(1)(h) of the Constitution of Kenya, 2010, and that any conditions imposed must be reasonable. As the prosecution did not object and no adverse factors were identified, the accused was granted bail on her own cognizance with a surety.
Court Disposition
bail granted
Orders
- The accused shall be admitted to bail upon her own cognizance in the sum of KShs 100,000 plus one surety in like sum pending her trial.
Full Case Text
Judgment text and source record
14 paragraphs
IN THE HIGH COURT OF KENYA AT MURANG’A
CRIMINAL CASE NO 15 OF 2015
REPUBLIC…..................................….………...PROSECUTOR
VERSUS
ANN WANGARI MWANGI.........................………..ACCUSED
R U L I N G
1. The Accused Ann Wangari Mwangi is charged with murder contrary to section 203 as read with section 204of thePenal Code. It is alleged in the information dated 19/03/2015 that on 07/03/2015 in Gatanga Sub-County within Murang’a County she murdered one Stephen Kamau Mwangi. On 20/05/2015 she pleaded not guilty to the charge. Her trial is scheduled for 28/09/2015. In the meantime she has sought by notice of motion dated 02/06/2015 to be admitted to bail pending trial. That application is the subject of this ruling. The Republic has no objection to the application.
2. Bail pending trial is now a constitutional right for any offence, and will be denied only for compelling reason; and any condition for such bail must be reasonable. See Article 49(1) (h) of the Constitution of Kenya, 2010.
3. I have read the witness statements and other documents provided to the Accused and to the court by the prosecution. I do not find any compelling reason to deny the Accused bail.
4. In the circumstances the Accused shall be admitted to bail upon her own cognizance in the sum of KShs 100,000/00 plus one surety in like sum pending her trial. It is so ordered.
DATED AND SINGED AT MURANG’A THIS 6TH DAY OF AUGUST 2015
H P G WAWERU
JUDGE
DELIVERED AT MURANG’A THIS 6TH DAY OF AUGUST 2015