[2021] KEHC 604 (KLR)
The court considered the Pre-Bail Probation Officer's Reports for each accused. Paul Mwiti Muriuki's report was positive, indicating he was not a flight risk, and thus he was granted bail with conditions. In contrast, the reports for Erick Mugambi Nduguti and Patrick Kimathi Kinyua identified them as flight risks,...
Source-derived case information.
- Citation
- [2021] KEHC 604 (KLR)
- Parties
- Applicant: Republic; Defendant: David Mwirigi Muriria; Defendant: Paul Mwiti Muriuki; Defendant: Erick Mugambi Nduguti
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 111 of 2018
- Procedural Posture
- Criminal Case / Ruling on Bail
- Outcome
- Bail granted to Paul Mwiti Muriuki; bail denied to Erick Mugambi Nduguti and Patrick Kimathi Kinyua.
- Judges
- EM Muriithi
- Legal Topics
- Bail Application, Flight Risk, Pre Bail Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
David Mwirigi Muriria
Defendant
Paul Mwiti Muriuki
Defendant
Erick Mugambi Nduguti
Defendant
Procedural Posture
Criminal Case / Ruling on Bail
Legal Issues
- 1 Whether the accused persons should be granted bail pending trial.
- 2 Whether any of the accused pose a flight risk justifying denial of bail.
Ratio Decidendi
The court considered the Pre-Bail Probation Officer's Reports for each accused. Paul Mwiti Muriuki's report was positive, indicating he was not a flight risk, and thus he was granted bail with conditions. In contrast, the reports for Erick Mugambi Nduguti and Patrick Kimathi Kinyua identified them as flight risks, citing a history of absconding and lack of fixed abode, respectively. The court found these to be compelling reasons to deny bail to those accused. The decision was grounded in the constitutional principle that bail may be denied where there are compelling reasons, such as risk of absconding, as supported by the evidence in the pre-bail reports.
Court Disposition
Bail granted to Paul Mwiti Muriuki; bail denied to Erick Mugambi Nduguti and Patrick Kimathi Kinyua.
Orders
- Bail is declined for Erick Mugambi Nduguti and Patrick Kimathi Kinyua.
- Paul Mwiti Muriuki is granted bail upon executing a bond of Kshs 300,000 with one surety of the same amount.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
HIGH COURT CRIMINAL CASE NO 111 OF 2018
REPUBLIC................................................................PROSECUTOR
VERSUS
DAVID MWIRIGI MURIRIA.................................1 ST ACCUSED
PAUL MWITI MURIUKI........................................2ND ACCUSED
ERICK MUGAMBI NDUGUTI..............................3RD ACCUSED
RULING ON BAIL
1. I have considered the respective Pre- Bail Probation Officer’s Report on the accused persons all dated 10/11/2021.
2. While the report for Paul Mwiti Muriuki is positive for bail, those of Eric Mugambi Nduguti and Patrick Kimathi Kinyua identifying the two as flight risk, with respectively a history of absconding and no fixed abode.
ORDERS
3. Accordingly, bail is declined for Erick Mugambi Ndaguti Accused II and Patrick Kimathi Kinyua, accused III.
4. Accused I Paul Mwiti Muriuki is granted bail upon terms that he executes a bond of Kshs 300,000 with one 1 surety of the same amount.
Orders accordingly.
DATED AND DELIVERED THIS 15TH DAY OF DECEMBER, 2021
EDWARD M. MURIITHI
JUDGE