[2020] KEHC 7637 (KLR)
The court found that the pre-bail reports filed for each accused were generally favourable and did not disclose any compelling reasons to alter the bail terms previously set by Ngenye-Macharia J. The anguish of the deceased's family and their preference for more stringent bond terms, while acknowledged, did not...
Source-derived case information.
- Citation
- [2020] KEHC 7637 (KLR)
- Parties
- Applicant: Republic; Defendant: Brenda Wanjiru Mukaya; Defendant: Allan Muchangi Munuhe; Defendant: Maureen Wambui Irungu; Defendant: Joseph Weru Wairimu; Defendant: Peter Kairie Njau
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 19 of 2019
- Procedural Posture
- Criminal Case / Ruling on Review of Bail Terms After Pre Bail Reports
- Outcome
- Bail terms previously set are confirmed; no review or alteration ordered.
- Judges
- K Kimondo
- Legal Topics
- Bail Application, Pre Bail Reports, Bond Terms, Remand, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Brenda Wanjiru Mukaya
Defendant
Allan Muchangi Munuhe
Defendant
Maureen Wambui Irungu
Defendant
Joseph Weru Wairimu
Defendant
Peter Kairie Njau
Defendant
Procedural Posture
Criminal Case / Ruling on Review of Bail Terms After Pre Bail Reports
Legal Issues
- 1 Whether the bail terms previously set should be reviewed in light of the pre-bail reports.
- 2 Whether the circumstances of the case justify continued remand of the accused persons.
Ratio Decidendi
The court found that the pre-bail reports filed for each accused were generally favourable and did not disclose any compelling reasons to alter the bail terms previously set by Ngenye-Macharia J. The anguish of the deceased's family and their preference for more stringent bond terms, while acknowledged, did not amount to a sufficient legal basis to justify a review or cancellation of bail. The court reaffirmed that the circumstances of the case, as previously assessed, did not warrant continued remand of the accused persons. Accordingly, the bail terms as set out in the earlier ruling were maintained, and no further restrictions or modifications were imposed.
Court Disposition
Bail terms previously set are confirmed; no review or alteration ordered.
Orders
- The bail terms set by Ngenye-Macharia J on 13th September 2019 remain in force.
- Each accused remains on a bond of Kshs. 500,000 with one surety of a similar amount.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MURANG’A
CRIMINAL CASE NO. 19 OF 2019
REPUBLIC.........................................................................................PROSECUTOR
VERSUS
BRENDA WANJIRU MUKAYA ........................................................1ST ACCUSED
ALLAN MUCHANGI MUNUHE.......................................................2ND ACCUSED
MAUREEN WAMBUI IRUNGU.......................................................3RD ACCUSED
JOSEPH WERU WAIRIMU............................................................4TH ACCUSED
PETER KAIRIE NJAU......................................................................5TH ACCUSED
RULING NO. 2
1. These are further orders on the suitability of bail for all the accused. On 13th September 2019, the Court, (Ngenye-Macharia J), granted conditional release and “subject to review or cancellation once the pre-bail report is filed”.
2. The learned judge observed as follows at paragraphs 10 and 11 of her ruling:
[10] Finally, the circumstances of the case are not so graved [sic] to warrant the vehement denial of, or opposition to bail. I have flipped through the witness statements. The deceased met her death in very unfortunate circumstances. She accompanied friends amongst them the accused persons to drinking beige after a graduation ceremony. She fell sick at night and died later in a hospital. As the course [sic] of death and by whom [sic] is a matter for determination by the court. All the same, it is clear that it is a case that does not warrant the continued holding in custody of the accused persons.
[11] In the end, I rule that there are no good grounds on which the accused persons should continue to remain in remand. As the court awaits the filing of a pre-bail report, I release each one of them on a bond of Kshs.500,000/- with one surety of a similar amount. The 1st and 3rd accused must not set foot in their village. The bond is subject to review or cancellation once the pre-bail report is filed.
3. Separate pre-bail reports in respect of eachof the accused were subsequently filed on 19th November 2019. They are generally favourable to all the accused save that the family of the deceased is in anguish and still healing. The reports state that the family would have preferred more stringent bond terms.
4. Granted those circumstances, I see no reason to review the order of Ngenye-Macharia J of 13th September 2020. The terms of bail shall accordingly remain as particularized in paragraph 11 of her ruling.
It is so ordered.
DATED, SIGNEDandDELIVEREDatMURANG’Athis 27th day of February 2020.
KANYI KIMONDO
JUDGE
Ruling read in open court in the presence of-
1st and 2nd accused persons.
Mr. J. Mbuthia holding brief for Ms. Kimani for the 1st and 3rd accused.
Mr. J. Kimani for the 2nd and 4th accused.
No appearance by counsel for the 5th accused.
Ms. R. Gichuru for the Republic.
Ms. Dorcas & Ms. Susan, Court Assistants.