[2015] KEHC 3745 (KLR)
The court found that the circumstances leading to the arrest and prosecution of the 2nd and 3rd accused were the same as those of the 1st accused, Bernard Wainaina Mwangi, who had already been granted bail. There being no opposition from the prosecution and no compelling reasons presented to deny bail, the court...
Source-derived case information.
- Citation
- [2015] KEHC 3745 (KLR)
- Parties
- Applicant: Republic; Defendant: John Karianja Kinuthia alias Moha; Defendant: Michael Ndegwa Njau alias Ocampo; Defendant: Bernard Wainaina Mwangi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 46 of 2014
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- applications for bail allowed
- Legal Topics
- Bail Pending Trial, Bond Terms, Consolidation of Charges
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
John Karianja Kinuthia alias Moha
Defendant
Michael Ndegwa Njau alias Ocampo
Defendant
Bernard Wainaina Mwangi
Defendant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the 2nd and 3rd accused persons should be admitted to bail pending trial.
- 2 Whether the circumstances of the applicants are similar to those of the 1st accused who was previously granted bail.
- 3 What conditions should be attached to the grant of bail to ensure attendance and non-interference with witnesses.
Ratio Decidendi
The court found that the circumstances leading to the arrest and prosecution of the 2nd and 3rd accused were the same as those of the 1st accused, Bernard Wainaina Mwangi, who had already been granted bail. There being no opposition from the prosecution and no compelling reasons presented to deny bail, the court held that the applicants were entitled to bail on the same terms as the 1st accused. The court further emphasized the need for the applicants to refrain from interfering with witnesses and to attend court as required, warning that any breach would result in cancellation of bail and remand in custody for the remainder of the trial.
Court Disposition
applications for bail allowed
Orders
- John Karianja Kinuthia alias Moha and Michael Ndegwa Njau alias Ocampo are admitted to bail on the same terms as Bernard Wainaina Mwangi.
- Each applicant shall execute a bond of KES 1,000,000 with one surety of similar amount.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 46 OF 2014
REPUBLIC……………………………………………..PROSECUTOR
VERSUS
BERNARD WAINAINA MWANGI……………..………1ST ACCUSED
JOHN KARIANJA KINUTHIA alias MOHA…………2ND ACCUSED
MICHAEL NDEGWA NJAU alias OCAMPO…………3RD ACCUSED
RULING
John Karianja Kinuthia alias Moha and Michael Ndegwa Njau alias Ocampo, the 2nd and 3rd accused persons respectively have moved this court through their applications dated 7th April 2015 and 20th April 2015 respectively. They are seeking to be admitted to bail pending the hearing and determination of this case. The State through the prosecution counsel did not oppose the application save for urging the court to caution the applicants to ensure they attend court during the days they are required to do so and not to interfere with witnesses.
Initially there was one accused person in this case, Bernard Wainaina Mwangi who has since been released on bond following a successful application to this court. The applicants before me were arrested at a later date and arraigned in court Criminal Case No. 31 of 2015. The prosecution counsel applied to amend the information and consolidate the Criminal Case No. 31 of 2015 with Criminal Case No. 46 of 2014. The latter file is the leading file.
This application is not opposed and following the consolidation of the charges, it is the view of this court that the circumstances leading to the arrest of the applicants are the same as those in respect of Bernard Wainaina Mwangi. This court therefore has no reason to deny the two applicants bail. I allow both applications and order that John Karianja Kinuthia alias Moha and Michael Ndegwa Njau alias Ocampo be, and are hereby, admitted to bail on the same terms as those of Bernard Wainaina Mwangi. For avoidance of doubt, the applicants are released on bond/bail on the following terms:
Each applicant shall execute a bond of one million Kenya shillings (Kshs 1,000,000) with one surety of similar amount.
In the alternative, each applicant shall deposit a cash bail of five hundred thousand Kenya shillings (Kshs 500,000) with this court.
Each applicant is hereby cautioned against interfering with the witnesses and is notified that if such interference were to happen and were to be brought to the attention of this court, the bond/bail shall stand cancelled and the applicant involved shall be remanded in custody for the remainder of the trial.
Orders are made accordingly.
Dated, signed and delivered this 3rd day of June 2015.
S.N.MUTUKU
JUDGE