[2018] KEHC 4514 (KLR)
The court held that the accused is entitled to bail as a constitutional right under Article 49, and that the prosecution did not provide any compelling reasons to deny bail. The seriousness of the offence was considered in setting the terms of bail to ensure the accused's attendance at trial. Consequently, the...
Source-derived case information.
- Citation
- [2018] KEHC 4514 (KLR)
- Parties
- Applicant: Republic; Respondent: Cecilia Maitha Nyaga
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Murder Case 7 of 2018
- Procedural Posture
- Murder Criminal Case / Bail Application Ruling
- Outcome
- bail granted
- Judges
- LW Gitari
- Legal Topics
- Bail Application, Right to Bail, Compelling Reasons, Bond Terms
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Cecilia Maitha Nyaga
Respondent
Procedural Posture
Murder Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under Article 49 of the Constitution.
- 2 Whether there are compelling reasons to deny bail to the accused person.
- 3 What terms are appropriate to secure the accused's attendance at trial.
Ratio Decidendi
The court held that the accused is entitled to bail as a constitutional right under Article 49, and that the prosecution did not provide any compelling reasons to deny bail. The seriousness of the offence was considered in setting the terms of bail to ensure the accused's attendance at trial. Consequently, the accused was granted bail on a bond of Kshs 5,000,000 with two sureties of Kshs 2,000,000 each, with the condition to appear in court as and when required.
Court Disposition
bail granted
Orders
- The accused is released on a bond of Kshs 5,000,000 plus two sureties of Kshs 2,000,000 each.
- The accused must appear in court as and when required.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERUGOYA
MURDER CRIMINAL CASE NO. 7 OF 2018
REPUBLIC.....................................................PROSECUTOR
V E R S U S
CECILIA MAITHA NYAGA.....................................ACCUSED
RULING
I have considered the application for bail. The state did not oppose the application. Article 49 of the Constitution quarantees an accused person right to bail. The right can only be denied if the prosecution satisfies the court that there are compelling reasons not to grant bail. The prosecution through the prosecutions counsel Mr. Ombiri informed the court that he had consulted the Investigating Officer and was instructed that there was no objection to bail as upon such terms as the court would deem necessary. The court should therefore allow the application and release the accused person on bail pending trial.
In considering the bail, the court notes that the offence though bailable is serious and bail terms must be such that they will secure the attendance of the accused in court to stand trial upto its logical conclusion. I order that the accused be released on a bond of Kshs 5,000,000/- plus two sureties of Kshs 2,000,000/- each. To appear in court as and when required.
Dated and delivered at Kerugoya this 26th day of July 2018.
L. W. GITARI
JUDGE
26/7/2018
Read out in open court, accused present.
Mr. Njagi for him,
Mr. Ombiri for the state.
C/C:- Naomi