[2015] KEHC 4413 (KLR)
The court found that the accused had disclosed his intended place of residence and was not a flight risk. There was no objection from the prosecution, and no compelling reasons were presented to deny bail. The court emphasized the constitutional right to bail and the presumption of innocence, concluding that the...
Source-derived case information.
- Citation
- [2015] KEHC 4413 (KLR)
- Parties
- Applicant: Republic; Defendant: David Mugambi Pius
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 109 of 2013
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- Bail granted pending trial.
- Judges
- AM Cockar
- Legal Topics
- Bail Pending Trial, Murder Charge, Flight Risk, Constitutional Rights
- 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
David Mugambi Pius
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 bail under Article 49(1)(h) of the Constitution.
- 3 Whether the accused poses a flight risk.
Ratio Decidendi
The court found that the accused had disclosed his intended place of residence and was not a flight risk. There was no objection from the prosecution, and no compelling reasons were presented to deny bail. The court emphasized the constitutional right to bail and the presumption of innocence, concluding that the accused should be released on bail or bond with conditions to ensure his attendance and non-interference with witnesses.
Court Disposition
Bail granted pending trial.
Orders
- The accused may be released on a cash bail of KShs.250,000.
- Alternatively, the accused may be released on bond of KShs.1,000,000 with two sureties of KShs.500,000 each.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASENO.109 OF 2013
LESIIT,J
REPUBLIC………….…..……..PROSECUTOR
VERSUS
DAVID MUGAMBI PIUS.....................ACCUSED
RULING
The accused person faces a charge of murder contrary to Section 203 of the Penal Code. He seeks bail pending his trial in the Notice of Motion application dated 16th April 2015. The application is premised on four grounds namely:
That the Applicant was charged with the offence of murder an offence he denied during the plea taken on 26th December 2013.
That the offence of murder is bailable under Article 49(1) (h) of the Constitution of Kenya 2010.
That the accused has a right to be regarded as innocent until proven guilty.
That it is in the interests of justice that this application be allowed.
The application is supported by an affidavit sworn by the accused. The gist of the affidavit is that the accused has a fixed abode in Naathu sub-location Meru County and is therefore not a flight risk.
The State has not opposed the application.
I have considered the application by the accvused. There is no objection to his application. On my part I am satisfied that the accused has disclosed where he intends to live after the court grants him bail. On the face of it, the accused is not a flight risk and he has demonstrated that he has a place of abode. I am satisfied that there are no compelling reason to deny the accused bail can be deciphered in this case.
The application is therefore granted on the following terms and conditions.
The accused may be released on a cash bail of KShs.250, 000/=.
In the alternative the accused may be released on bond of KShs.1 million with two sureties of KShs.500,000/= each.
The accused should not interfere with the witnesses in this case in anyway as this will result in the bond being cancelled.
Dated at Nairobi this 28th day of May,2015.
LESIIT, J
JUDGE