[2018] KEHC 3928 (KLR)
The court found that bail is a constitutional right under Article 49(1)(h) of the Constitution, and that there were no compelling reasons presented to deny the accused bail. The pre-bail report indicated that the accused has strong family and community ties, a fixed abode, and a supportive family willing to stand...
Source-derived case information.
- Citation
- [2018] KEHC 3928 (KLR)
- Parties
- Applicant: Republic; Respondent: David Gitari Kariuki
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Judgment Date
- 20 September 2018
- Case Number
- Murder Case 6 of 2017
- Procedural Posture
- Murder Case / Ruling on Bail Application
- Outcome
- Bail granted to the accused.
- Judges
- LW Gitari
- Legal Topics
- Bail Pending Trial, Constitutional Rights of Accused, Compelling Reasons for Bail
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
David Gitari Kariuki
Respondent
Procedural Posture
Murder Case / Ruling on Bail Application
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 bail is a constitutional right under Article 49(1)(h) of the Constitution, and that there were no compelling reasons presented to deny the accused bail. The pre-bail report indicated that the accused has strong family and community ties, a fixed abode, and a supportive family willing to stand surety. The only concern raised was the trauma experienced by the victim's relatives, which the court did not consider a compelling reason to deny bail. Therefore, the accused was granted bail on reasonable conditions.
Court Disposition
Bail granted to the accused.
Orders
- The accused shall be released on a bond of Kshs 2,000,000 plus one like surety.
- The accused is required to attend court as directed until the case is finalized.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERUGOYA
MURDER CASE NO. 6 OF 2017
REPUBLIC.........................................................APPLICANT
V E R S U S
DAVID GITARI KAROKI............................RESPONDENT
RULING
The accused person David Gitari Kariuki filed a notice of motion under Article 49(1) and 50(2) of the Constitution seeking an order that he be granted bond/bail pending the hearing and determination of this suit.
The state did not oppose the application.
Bail is a constitutional right which an accused person is free to enjoy unless there are compelling reasons not to release an accused on bail. Article 49(1)(h) of the constitution provides:
“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.”
A pre-bail report was filed in court by J.M. Masavi County Probation Officer. Safe for the victims relatives who are still traumatized at what happened to one of their own, there is no compelling reasons to deny the accused bail. Bail is recommended as the accused has strong family and community ties, has a fixed abode and has supportive family which is willing to stand surety for him. In view of these I will grant the accused bail.
I order that the accused be released on a bond of Kshs 2,000,000/- plus one like surety. He will be required to attend court as directed until the case is finalized.
Dated at Kerugoya this 20th Day of September 2018.
L. W. GITARI
JUDGE
Read out in open court,
Accused – Present
M/s Muthoni S/C.
C/A – Naomi
This 20th September 2018.
L. W. GITARI
JUDGE