[2016] KEHC 4711 (KLR)
The court found that bail pending trial is a constitutional right for all criminal offences, including murder, and may only be denied if compelling reasons are shown. Upon reviewing the witness statements and prosecution documents, the court found no compelling reason to deny the accused bail. Therefore, the accused...
Source-derived case information.
- Citation
- [2016] KEHC 4711 (KLR)
- Parties
- Respondent: Republic; Applicant: Boniface Ndung’u Karaya
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 3 of 2016
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- bail granted
- Judges
- DW Mbuteti
- Legal Topics
- Bail Pending Trial, Murder Charge, Constitutional Rights, Compelling Reasons, Bail Conditions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Boniface Ndung’u Karaya
Applicant
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for the offence of murder.
- 2 Whether there exist compelling reasons to deny the accused bail.
- 3 What are reasonable conditions for granting bail in this case.
Ratio Decidendi
The court found that bail pending trial is a constitutional right for all criminal offences, including murder, and may only be denied if compelling reasons are shown. Upon reviewing the witness statements and prosecution documents, the court found no compelling reason to deny the accused bail. Therefore, the accused was entitled to bail on reasonable conditions.
Court Disposition
bail granted
Orders
- The accused is admitted to bail upon his own cognizance in the sum of KShs 50,000 and one surety in like sum.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MURANG’A
CRIMINAL CASE NO 3 OF 2016
REPUBLIC.………….………………............PROSECUTOR
VERSUS
BONIFACE NDUNG’U KARAYA…..….…..………ACCUSED
R U L I N G
1. The Accused in this case, Boniface Ndung’u Karaya, is charged with murdercontrary to section 203 as read with section 204 of the Penal Code. It is alleged in the information dated 25/01/2016 that on 22/01/2016 at Karunge Sub-location in Mathioya Sub-County of Murang’a County, he murdered one Stephen Kiiru Mwangi.His plea was taken on 10/02/2016. He pleaded not guilty. His trial is scheduled to commence on 16/08/2016. He has in the meantime applied by notice of motion dated 10/02/2016 to be admitted to bail. The Republic does not oppose the application.
2. Bail pending trial is now a constitutional right for all criminal offences. It will be denied only for compelling reason. Any condition the court may impose for such bail must be reasonable. See Article 49(1)(h) of the Constitution of Kenya, 2010.
3. I have perused the witness statements and other documents supplied to the Accused and to the court by the prosecution, and have noted the circumstances of commission of the alleged offence. I find no compelling reason to deny the Accused bail.
4. In the event I will allow the notice of motion dated 10/02/2016. The Accused will be admitted to bail upon his own cognizance in the sum of KShs 50,000/00 and one surety in like sum. It is so ordered.
DATED AND SIGNED AT MURANG’A ON THIS 9TH DAY OF JUNE 2016
H P G WAWERU
JUDGE
DELIVERED AT MURANG’A THIS 10TH DAY OF JUNE 2016