[2015] KEHC 5707 (KLR)
The court found that bail is a constitutional right and that there were no compelling reasons presented to justify the continued incarceration of the applicants. The State did not oppose the application, and the applicants demonstrated strong community ties, no flight risk, and personal circumstances supporting...
Source-derived case information.
- Citation
- [2015] KEHC 5707 (KLR)
- Parties
- Applicant: Republic; Respondent: Benjamin Matheka Musela; Respondent: Snow Mbula Eliud
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 22 of 2015
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- Bail granted to both applicants.
- Judges
- LN Mutende
- Legal Topics
- Bail Pending Trial, Constitutional Rights of Accused, Presumption of Innocence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Benjamin Matheka Musela
Respondent
Snow Mbula Eliud
Respondent
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the applicants are entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there exist compelling reasons to deny the applicants bail.
Ratio Decidendi
The court found that bail is a constitutional right and that there were no compelling reasons presented to justify the continued incarceration of the applicants. The State did not oppose the application, and the applicants demonstrated strong community ties, no flight risk, and personal circumstances supporting their release. Therefore, the court granted each applicant bond of Kshs. 3 million with a surety of a similar sum, upholding their constitutional rights pending trial.
Court Disposition
Bail granted to both applicants.
Orders
- Each applicant is granted bond of Kshs. 3 million with a surety of a similar sum.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MACHAKOS
CRIMINAL CASE NO. 22 OF 2015
REPUBLIC.........................................PROSECUTOR
VERSUS
1. BENJAMIN MATHEKA MUSELA
2. SNOW MBULA ELIUD...........................ACCUSED
RULING
1. The Application dated the 19th March, 2015 is brought pursuant to the provisions of Articles 49(1) (h)and50 (2) (a) of the Constitution of Kenyawhereby the applicant seeks bail pending trial.
2. It is premised on grounds that:-
i. The Applicants herein have been in remand for a long period of time hence infringing on their constitutional rights to bail;
ii. Article 49(1) (h) of the Constitution stems from the provisions of Article 50 (2) (a) which provides that an accused person has the right to be presumed innocent until proven guilty;
iii. The Applicants are Kenyan citizens with strong ties to the community and there exists no flight risk;
iv. The applicants are parents with young families.
v. The applicants are Civil Servants and respected members of the society who should be given a chance to continue contributing towards national building pending the trial of this case.
3. When the matter came up for hearing the learned State Counsel Mrs Abuga notified the court that the State was not objecting to the application.
4. The applicants are charged with three counts of murdercontrary to Section 203 as read with Section 204 of the Pena Code (Cap 63) Laws of Kenya.
5. Bail is a constitutional right unless there are compelling reasons requiring incarceration of the accused persons. There being absolutely no reason to deter the applicants from being released on bail, I hereby grant each applicant bond of Kshs. Three (3) million with a surety of a similar sum.
6. It is so ordered.
DATED, SIGNED and DELIVERED at MACHAKOSthis 24THday of MARCH, 2015.
L.N. MUTENDE
JUDGE