[2021] KEHC 7574 (KLR)
The court found that the accused is entitled to bail as a constitutional right under Article 49(1)(h) of the Constitution. There were no compelling reasons presented by the State to justify denial of bail. The court also considered the accused's personal circumstances, including her status as a mother to a young...
Source-derived case information.
- Citation
- [2021] KEHC 7574 (KLR)
- Parties
- Applicant: Republic; Defendant: Cyde Wanjiru Murimi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E027 of 2021
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- bail granted
- Judges
- CJ Kendagor
- Legal Topics
- Bail Pending Trial, Murder Charge, Presumption of Innocence
- 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
Cyde Wanjiru Murimi
Defendant
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for a charge of murder.
- 2 Whether there are compelling reasons to deny the accused bail under Article 49(1)(h) of the Constitution.
Ratio Decidendi
The court found that the accused is entitled to bail as a constitutional right under Article 49(1)(h) of the Constitution. There were no compelling reasons presented by the State to justify denial of bail. The court also considered the accused's personal circumstances, including her status as a mother to a young child, and the presumption of innocence. Accordingly, the court granted bail on reasonable terms, with conditions to ensure the accused's attendance at trial and to prevent interference with witnesses or commission of further offences.
Court Disposition
bail granted
Orders
- Accused may be released on deposit of Kshs.200,000/-.
- In the alternative, the accused may be released on a bond of Kshs.500,000 with one surety of the same amount.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL DIVISION
CRIMINAL CASE NO.E027 OF 2021
LESIIT J.
REPUBLIC.....................................................................................................PROSECUTOR
VERSUS
CYDE WANJIRU MURIMI.................................................................................ACCUSED
RULING ON BAIL APPLICATION
1. The Accused,Cyde Wanjiru Murimi, has been charged with one count ofmurdercontrary to Section 203as read withSection 204of the Penal Code.The particulars of the offence are that:
“Cyde Wanjiru Murimi: On 28th March, 2021 at Kambi Nari area in Ruai Township within Nairobi County murdered Simon Ndia Wambugu.”
2. The accused pleaded not guilty to the charges. She made an oral application in court through her counsel, Mr. Odero, to be released on bail pending trial. Counsel for the accused urged this court to grant the accused reasonable bail terms.
3. The application to be released on bail was unopposed by the State. That means there are no compelling reasons known to the State to deny the accused bail.
4. I have considered the submissions by both parties. The release of accused on bail is unopposed.
5. Article 49(1)(h) of the Constitutionprovides that a person who has been arrested has a right to be released on bail or bond on reasonable conditions pending a charge or trial unless there are compelling reasons against release of such a person.
6. The accused is entitled to bail and I do not see any reason to decline the same. The accused is presumed innocent until the contrary is established by the court. From the committal bundle, it appears that the accused has a young son.
7. In the circumstances bail is therefore granted on the following terms;
i. Accused may be released on deposit of Kshs.200,000/-;
ii. In the alternative, the accused may be released on a bond of Kshs.500,000 with one surety of the same amount.;
iii. The accused shall refrain from interfering with any of the witnesses, either directly or indirectly;
iv. The accused shall not commit any offence during the pendency of this trial;
v. She shall provide two contact persons, one of whom must be a close relative to secure her attendance before the trial court if she posts cash bail;
vi. She shall be required to attend court without fail as required by the court.
DATED AT NAIROBI THIS 27TH DAY OF APRIL, 2021.
LESIIT, J.
JUDGE
DELIVERED THROUGH TEAMS ON 27TH APRIL, 2021.
In the presence of:
Accused person
Ms. Ogweno for State
Ms. Odero for accused
LESIIT, J.
JUDGE