[2017] KEHC 1302 (KLR)
The court held that bail is a constitutional right for all criminal offences, including murder, and can only be denied for compelling reasons. The prosecution did not oppose the application for bail and did not provide any evidence of compelling reasons to deny bail. After reviewing the witness statements and...
Source-derived case information.
- Citation
- [2017] KEHC 1302 (KLR)
- Parties
- Applicant: Republic; Defendant: Catherine Wanjiru Maina; Defendant: Francis Njoroge Kamanda (alias Msumari)
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 31 of 2016
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail_granted
- Judges
- DW Mbuteti
- Legal Topics
- Bail Pending Trial, Murder Charge, Constitutional Rights, Compelling Reasons
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Catherine Wanjiru Maina
Defendant
Francis Njoroge Kamanda (alias Msumari)
Defendant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the 1st Accused, charged with murder, should be admitted to bail pending trial.
- 2 Whether there exist compelling reasons to deny bail to the 1st Accused under Article 49(1)(h) of the Constitution.
Ratio Decidendi
The court held that bail is a constitutional right for all criminal offences, including murder, and can only be denied for compelling reasons. The prosecution did not oppose the application for bail and did not provide any evidence of compelling reasons to deny bail. After reviewing the witness statements and prosecution documents, the court found no compelling reason to deny the 1st Accused bail. Therefore, the 1st Accused was admitted to bail on her own cognizance with a surety, as the constitutional threshold for denial had not been met.
Court Disposition
bail_granted
Orders
- The 1st Accused, Catherine Wanjiru Maina, shall be admitted to bail upon her own cognizance in the sum of KShs 300,000.00 plus one surety in like sum.
Full Case Text
Judgment text and source record
19 paragraphs
IN THE HIGH COURT OF KENYA
AT MURANG’A
CRIMINAL CASE NO 31 OF 2016
REPUBLIC.....................................................PROSECUTOR
VERSUS
1. CATHERINE WANJIRU MAINA
2. FRANCIC NJOROGE
KAMANDA (aliasMSUMARI)...............................ACCUSED
R U L I N G
1. The Accused persons herein, Catherine Wanjiru Maina and Francis Njoroge Kamanda(aliasMsumari) are charged with murdercontrary to section 203 as read with section 204 of the Penal Code. It is alleged in the information dated 29/11/2016 that in the night of 13th and 14th November 2016 at an unknown time at Kariti Shopping Centre in Kandara Sub-County within Murang’a County, they jointly murdered one James Kiarie Kamande.
2. On 15/03/2017 both Accused persons pleaded not guilty to the charge. Their trial is scheduled to commence on 06/11/2018. In the meantime the 1st Accused, Catherine Wanjiru Maina, has applied to be admitted to bail. The 2nd Accused, Francis Njoroge Kamanda has not similarly applied.
3. The Republic does not oppose the 1st Accused’s application, and no replying affidavit has been filed.
4. Bail pending trial is now a constitutional right for all criminal offences, and will be denied only for compelling reason; any conditions the court might impose for such bail must, again by constitutional edict, be reasonable. See Article 49(1) (h) of the Constitution of Kenya, 2010.
5. As already noted, the Republic does not oppose the 1st Accused’s admission to bail. In addition, I have read the witness statements and other documents provided to the Accused persons and to the court by the prosecution. I find no compelling reason therein to deny the 1st Accused bail.
6. In the circumstances I will allow the notice of motion dated 03/04/2017. The 1st Accused, Catherine Wanjiru Maina, shall be admitted to bail upon her own cognizance in the sum of KShs 300,000/00 plus one surety in like sum. It is so ordered.
DATED AND SIGNED AT MURANG’A THIS 14TH DAY OF DECEMBER 2017
H P G WAWERU
JUDGE
DELIVERED AT MURANG’A THIS 15TH DAY OF DECEMBER 2017