[2021] KEHC 7760 (KLR)
The court found that there were no compelling reasons presented by the prosecution to deny the accused bail. The pre-bail report indicated family support and did not reveal any risk factors that would justify detention. The prosecution's only request was for strict terms, which the court considered appropriate given...
Source-derived case information.
- Citation
- [2021] KEHC 7760 (KLR)
- Parties
- Respondent: Republic; Applicant: Danson Muiruri Njoroge
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E001 of 2021
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- Bail granted with conditions.
- Judges
- MM Kasango
- Legal Topics
- Bail Pending Trial, Murder Charge, Pre Bail Report, Bond Conditions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Danson Muiruri Njoroge
Applicant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused should be granted bail pending trial for a charge of murder.
- 2 What conditions, if any, should be imposed on the grant of bail.
Ratio Decidendi
The court found that there were no compelling reasons presented by the prosecution to deny the accused bail. The pre-bail report indicated family support and did not reveal any risk factors that would justify detention. The prosecution's only request was for strict terms, which the court considered appropriate given the seriousness of the charge. Accordingly, the court exercised its discretion to grant bail, subject to conditions designed to secure the accused's attendance at trial and prevent interference with witnesses.
Court Disposition
Bail granted with conditions.
Orders
- The accused is released on bond of Kshs.500,000 with two sureties of like sum.
- The accused shall not interfere with witnesses.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO. E001 OF 2021
REPUBLIC................................................................PROSECUTOR
VERSUS
DANSON MUIRURI NJOROGE....................................ACCUSED
RULING
1. DANSON MUIRURI NJOROGE seeks bail pending his trial. He pleaded not guilty to the charge of murder contrary to Section 203 as read with Section 204 of the Penal Code.
2. The application was not opposed by the prosecution other than that the prosecution requested that the accused be released on strict term in view of the charge he faces.
3. The pre-bail probation report reveals the accused is a 28 year old man. Although married with 3 children at the time of his arrest he had separated with his wife.
4. The accused family is in support of him being released pending his trial.
5. I have considered the background information provided by the probation and because the application is not opposed by prosecution. I will release the accused on bail pending his trial on the following condition:-
(a) That he does provide bond of Kshs.500,000/= and two sureties of like sum.
(b) He shall not interfere with witnesses.
RULING DATED and DELIVERED at KIAMBU this 15th day of APRIL, 2021.
MARY KASANGO
JUDGE
Coram:
C/A: Kevin
Accused: Present
For the Accused: Mr. Kamuiru
For the Prosecution: Ms. Kathambi
COURT
Ruling delivered virtually.
MARY KASANGO
JUDGE