[2021] KEHC 6296 (KLR)
The court found that there were no compelling reasons presented by the prosecution to deny the accused bail. The constitutional right to bail under Article 49(1)(h) prevails in the absence of such reasons. The court considered the seriousness of the charge but noted that this alone does not constitute a compelling...
Source-derived case information.
- Citation
- [2021] KEHC 6296 (KLR)
- Parties
- Respondent: Republic; Applicant: Charles Mbogo Githinji
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 53 of 2019
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- bail granted
- Judges
- MM Kasango
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Murder Charge, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Charles Mbogo Githinji
Applicant
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there are compelling reasons to deny the accused bail.
Ratio Decidendi
The court found that there were no compelling reasons presented by the prosecution to deny the accused bail. The constitutional right to bail under Article 49(1)(h) prevails in the absence of such reasons. The court considered the seriousness of the charge but noted that this alone does not constitute a compelling reason to deny bail. Consequently, the accused was granted bail on specified terms, including a bond of Kshs. 1 million with two sureties of similar amount and a condition not to interfere with prosecution witnesses.
Court Disposition
bail granted
Orders
- Charles Mbogo Githinji is granted bond of Kshs. 1 million with two sureties of similar amounts.
- Charles Mbogo Githinji shall not interfere or contact the prosecution’s witnesses pending trial.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO. 53 OF 2019
BETWEEN
REPUBLIC.......................................................PROSECUTOR
VERSUS
CHARLES MBOGO GITHINJI...............................ACCUSED
RULING
1. CHARLES MBOGO GITHINJI was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. He pleaded not guilty and in his trial date is yet to be set. He pleaded not guilty.
2. He has applied for bail pending his trial. Article 49(1)(h) of the Constitution provides that an arrested person has the right to be released on bond or bail on reasonable conditions pending a charge or trial, unless there are compelling reasons not to be released.
3. The accused’s application to be released on bail/bond was not opposed by the prosecution. The function of granting bail/bond was discussed in the case REPUBLIC VS. ROBERT ZIPPOR NZILU (2018) eKLR as follows:-
“10. Gravity of the offence as a consideration was appreciated byMbogholi Msagha, JinCRIMINAL APPLICATION NO. 319 OF 2002 PRISCILLA JEMUTAI KOLONGE VS. REPUBLIC(unreported) at page 3, wherein he held as follows:-
‘However, the nature of the charge or offence and the seriousness of the punishment if the applicant is found guilty must be considered in applications of this nature. I subscribe to the observation that where the charge against the accused is more serious and punishment heavy, there are more probabilities and incentive to abscond, whereas in case of minor offences.’”
4. There being no compelling reasons not to release accused on bail. I grant the following orders:-
(a) Charles Mbogo Githinji is grant bond of Kshs.1 million (one million) with two sureties of similar amounts.
(b) Charles Mbogo Githinji shall not interfere or contact the prosecution’s witnesses pending trial.
RULING DATED AND DELIVERED AT KIAMBU THIS 10TH DAY OF JUNE, 2021.
MARY KASANGO
JUDGE
Coram:
Court Assistant: Ndege
Accused: Present
For Accused: No appearance
DPP: Kasyoka
COURT
RULING delivered virtually.
MARY KASANGO
JUDGE