[2017] KEHC 841 (KLR)
The court found that, having reviewed the witness statements and prosecution documents, there were no compelling reasons to deny the accused bail. The constitutional right to bail under Article 49(1)(h) of the Constitution of Kenya, 2010, prevails unless the prosecution demonstrates compelling reasons to the...
Source-derived case information.
- Citation
- [2017] KEHC 841 (KLR)
- Parties
- Applicant: Republic; Defendant: David Nzioka Kariuki
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 7 of 2016
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- Application for bail allowed.
- Judges
- DW Mbuteti
- Legal Topics
- Bail Pending Trial, Murder Charge, Compelling Reasons, Constitutional Rights, Bail Conditions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
David Nzioka Kariuki
Defendant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for the offence of murder.
- 2 Whether there exist compelling reasons to deny bail to the accused.
- 3 What are the reasonable conditions, if any, for granting bail in this case.
Ratio Decidendi
The court found that, having reviewed the witness statements and prosecution documents, there were no compelling reasons to deny the accused bail. The constitutional right to bail under Article 49(1)(h) of the Constitution of Kenya, 2010, prevails unless the prosecution demonstrates compelling reasons to the contrary. Since the Republic did not oppose the application and no such reasons were presented, the accused is entitled to bail. The court further held that any conditions for bail must be reasonable, and accordingly admitted the accused to bail upon his own cognizance in the sum of KShs 500,000 plus one surety in like sum.
Court Disposition
Application for bail allowed.
Orders
- The accused shall be admitted to bail upon his own cognizance in the sum of KShs 500,000 plus one surety in like sum.
Full Case Text
Judgment text and source record
14 paragraphs
IN THE HIGH COURT OF KENYA AT MURANG’A
CRIMINAL CASE NO 7 OF 2016
REPUBLIC...........................................PROSECUTOR
VERSUS
DAVID NZIOKA KARIUKI.......................ACCUSED
R U L I N G
1. The Accused in this case, David Nzioka Kariuki, is charged with murder contrary to section 203 as read with section 204 of the Penal Code. It is alleged in the information dated 31/05/2016 that on 12/05/2016 at Kibuu Village in Kandara Sub-County within Muranga County he murdered one Paul Nzioki Kariuki. On 20/06/2016 he pleaded not guilty to the charge. His trial is scheduled to commence on 29/09/2017. In the meantime he has applied by notice of motion dated 08/07/2016 to be admitted to bail. The Republic has not opposed the application.
2. Bail pending trial is now a constitutional right that will be denied only for compelling reason. Any conditions for such bail the court might impose, again by constitutional edict, must be reasonable. See Article 49 (1) (h) of the Constitution of Kenya, 2010.
3. I have perused the witness statements and other documents supplied to the Accused and to the court by the prosecution, and I have noted the circumstances in which the alleged offence was committed. I find no compelling reason to deny the Accused bail.
4. I will in the event allow the notice of motion dated 08/07/2016. The Accused shall be admitted to bail upon his own cognizance in the sum of KShs 500,000/00 plus one surety in like sum. It is so ordered.
DATED AND SIGNED AT MURANG’A THIS 23RD DAY OF MARCH 2017
H P G WAWERU
JUDGE
DELIVERED AT MURANG’A THIS 24TH DAY OF MARCH 2017