[2017] KEHC 2027 (KLR)
The court found that both pre-bail reports for the 1st and 2nd accused were positive and that there were no compelling reasons or exceptional circumstances to deny them bond. The constitutional right to bond prevails in the absence of such reasons. The previous ground of community hostility was not substantiated in...
Source-derived case information.
- Citation
- [2017] KEHC 2027 (KLR)
- Parties
- Applicant: Republic; Defendant: Benjamin Kithinji; Defendant: Bernard Mutura; Defendant: Cosmas Kirimi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 63 of 2015
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- Bond granted to 1st and 2nd accused.
- Judges
- A Mabeya
- Legal Topics
- Bail and Bond, Pretrial Release, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Benjamin Kithinji
Defendant
Bernard Mutura
Defendant
Cosmas Kirimi
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether the 1st and 2nd accused should be granted bond pending trial.
- 2 Whether there exist compelling reasons to deny bond to the accused.
Ratio Decidendi
The court found that both pre-bail reports for the 1st and 2nd accused were positive and that there were no compelling reasons or exceptional circumstances to deny them bond. The constitutional right to bond prevails in the absence of such reasons. The previous ground of community hostility was not substantiated in the current reports. Therefore, the 1st and 2nd accused are entitled to be released on bond or cash bail under specified terms.
Court Disposition
Bond granted to 1st and 2nd accused.
Orders
- The 1st and 2nd accused are admitted to bond of Kshs.300,000 each with sureties of a similar amount or cash bail of KShs.100,000 each.
- Mention scheduled for 19/2/2018.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO. 63 OF 2015
REPUBLIC …………….…………. PROSECUTOR
VERSUS
BENJAMIN KITHINJI ……….……. 1ST ACCUSED
BERNARD MUTURA ………….… 2ND ACCUSED
COSMAS KIRIMI …………...….. 3RD ACCUSED
RULING
The 1st and 2nd Accused have applied to be released on bond. Their applications had been denied earlier on the grounds of hostility by the Community. On 19th May, 2016, their co-accused Cosmas Kirimi, the 3rd accused was released on bond.
I have considered the two pre-bail reports filed on the 6th November, 2017. They are both positive on the two accuseds. That being the case and bond being a Constitutional right to which the accused are entitled, I see no compelling reasons or exceptional circumstances to warrant a denial of that right.
Accordingly, the 1st and 2nd accused are admitted to bond. They may be released on bond of Kshs.300,000/= each and sureties of a similar amount or cash bail of KShs.100,000/= each. Mention 19/2/2018.
DATED AND DELIVERED at Meru this 14th day of November, 2017.
A. MABEYA
JUDGE
14/11/2017