[2019] KEHC 2010 (KLR)
The court found that the accused, charged with murder, is constitutionally entitled to bail pending trial unless compelling reasons exist to deny it. After reviewing the witness statements and documentary evidence, the court found no compelling reason to deny bail. The presumption of innocence was emphasized, and...
Source-derived case information.
- Citation
- [2019] KEHC 2010 (KLR)
- Parties
- Applicant: Republic; Defendant: Antony Kariuki Wanjohi
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 18 of 2019
- Procedural Posture
- Criminal Case / Ruling on Bail Pending Trial
- Outcome
- Bail granted to the accused pending trial.
- Judges
- DW Mbuteti
- Legal Topics
- Bail Pending Trial, Murder Charge, Constitutional Rights, Presumption of Innocence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Antony Kariuki Wanjohi
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there exist compelling reasons to deny the accused bail in a murder case.
Ratio Decidendi
The court found that the accused, charged with murder, is constitutionally entitled to bail pending trial unless compelling reasons exist to deny it. After reviewing the witness statements and documentary evidence, the court found no compelling reason to deny bail. The presumption of innocence was emphasized, and the prosecution did not object to the bail application. Consequently, the accused was granted bail on reasonable terms.
Court Disposition
Bail granted to the accused pending trial.
Orders
- The accused shall be released upon his own cognizance in the sum of KShs 1,000,000 plus two sureties in like sum.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL CASE NO 18 OF 2019
REPUBLIC………………………………………………………PROSECUTOR
VERSUS
ANTONY KARIUKI WANJOHI…..………………………………ACCUSED
RULING ON BAIL
1. The Accused in this case, ANTONY KARIUKI WANJOHI, is charged with murder contrary to section 203 as read with section 204 of the Penal Code. It is alleged in the information dated 27/09/2019 that in the night of 16/08/2019 at Solio Village 7 in Laikipia Central Sub-county within Laikipia County, he murdered one FREDRICK MATHENGE KABUE.
2. On 01/10/2019 the Accused pleaded not guilty to the charge. His trial is scheduled to commence on 02/12/2019. In the meantime he has asserted his constitutional right to bail pending the trial. The Republic has no objection.
3. Bail pending trial is now a constitutional right for all criminal offences. It will be denied only for compelling reason. Further, any condition that the court might impose for such bail, again by constitutional edict, must be reasonable. For all that see Article 49(1) (h)of theConstitution of Kenya, 2010.
4. I have perused the witness statements and other documentary evidence, copies of which were supplied by the prosecution to the Accused and to court. I have noted the circumstances under which the alleged offence was committed, without in any way compromising on the Accused’s constitutional and legal right to the presumption of innocence until and unless proven guilty to the required standard. I find no compelling reason there to deny him bail.
5. The Accused shall be released upon his own cognizance in the sum of KShs 1 million plus two sureties in like sum. It is so ordered.
DATED AND SIGNED AT NANYUKI THIS 20TH DAY OF NOVEMBER 2019
H P G WAWERU
JUDGE
DELIVERED AT NANYUKI THIS 21ST DAY OF NOVEMBER 2019