[2021] KEHC 6188 (KLR)
The court found that the accused, who is presumed innocent and against whom no compelling reasons were presented to deny bail, is entitled to be released on bond. The court considered the gravity of the offence and the seriousness of the punishment as relevant factors in determining the terms of release. Since the...
Source-derived case information.
- Citation
- [2021] KEHC 6188 (KLR)
- Parties
- Respondent: Republic; Applicant: David Kagwatha Munai
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E003 of 2021
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail_granted
- Judges
- MM Kasango
- Legal Topics
- Bail and Bond, Presumption of Innocence, Compelling Reasons, Gravity of Offence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
David Kagwatha Munai
Applicant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused is entitled to bail or bond pending trial.
- 2 Whether there are compelling reasons to deny the accused bail or bond.
- 3 What terms are appropriate for the accused's release.
Ratio Decidendi
The court found that the accused, who is presumed innocent and against whom no compelling reasons were presented to deny bail, is entitled to be released on bond. The court considered the gravity of the offence and the seriousness of the punishment as relevant factors in determining the terms of release. Since the prosecution did not oppose bail and no evidence was presented to suggest the accused would abscond or interfere with witnesses, the court granted bail on terms commensurate with the offence, specifically a bond of Kshs. 500,000 with two sureties of similar amount and a condition not to contact or interfere with prosecution witnesses.
Court Disposition
bail_granted
Orders
- David Kagwatha Munai is granted bond of Kshs.500,000 with two sureties of similar amount.
- David Kagwatha Munai shall not, while this trial is pending, contact or interfere with the prosecution’s witnesses.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO. E003 OF 2021
REPUBLIC ...................................................................PROSECUTOR
VERSUS
DAVID KAGWATHA MUNAI...........................................ACCUSED
RULING
1. DAVID KAGWATHA MUNAIis charged with the offence of murder. He pleaded not guilty. He made an application to be released on bail/bond. His learned counsel Mr. Ogeto submitted that the accused has fixed abode. The accused has undertaken to avail himself for his trial when required. His counsel therefore prayed he be released on reasonable terms.
2. The prosecution did not oppose the bail application but prayed that the terms of his release be commensurate to the offence.
ANALYSIS
3. The constitution, under Article 49(1)(h) guarantees the right of any one arrested not to be denied reasonable bail/bond, pending trial, unless there are compelling reasons. Article 50(2) provides that an accused is presumed innocent during his arrest, and should be granted bail/bond and even at his trial.
4. The prosecution was right to request the court to grant terms of the accused’s release on bail/bond to be commensurate to the offence. This indeed is what the court stated in the case REPUBLIC VS. ROBERT ZIPPOR NZILLU (2018) eKLR thus:-
“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.’”
5. Since the accused who has not yet been proved guilty has a right to be released on bail/bond and because there are no compelling reasons to deny him that right, I grant the following orders:-
(a) David Kagwatha Munai is granted bond of Kshs.500,000/= with two sureties of similar amount.
(b) David Kagwatha Munai shall not while this trial is pending contact or interfere with the prosecution’s witnesses
RULING DATED, SIGNED and DELIVERED at KIAMBU this 10th day of JUNE, 2021.
MARY KASANGO
JUDGE
Coram:
Court Assistant : Ndege
Applicant/accused: present
Respondent/prosecutor: Mr. Kasyoka
For Accused No appearance
COURT
Ruling delivered virtually.
MARY KASANGO
JUDGE