[2019] KEHC 11995 (KLR)
The court found that the prosecution had not provided any compelling reasons to deny the accused persons bail. The pre-bail report was favorable for all accused. The court also considered the medical evidence presented regarding the 2nd accused's health complications and the inability of the remand facility to...
Source-derived case information.
- Citation
- [2019] KEHC 11995 (KLR)
- Parties
- Respondent: Republic; Defendant: Dennis Keribo Nyaribari; Defendant: Daniel Wang’ang’a Muchai; Defendant: Titus Kyalo Musyoki
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 56 of 2019
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail_granted
- Judges
- J Wakiaga
- Legal Topics
- Bail and Bond, Pretrial Release, Compelling Reasons, Medical Grounds, Surety Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Dennis Keribo Nyaribari
Defendant
Daniel Wang’ang’a Muchai
Defendant
Titus Kyalo Musyoki
Defendant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused persons should be granted bail or bond pending trial.
- 2 Whether the existence of medical complications for the 2nd accused justifies review of the ruling date.
- 3 Whether the prosecution has provided compelling reasons to deny bail.
Ratio Decidendi
The court found that the prosecution had not provided any compelling reasons to deny the accused persons bail. The pre-bail report was favorable for all accused. The court also considered the medical evidence presented regarding the 2nd accused's health complications and the inability of the remand facility to provide specialized care. On these grounds, the court ordered the release of all accused persons on bond or cash bail, subject to conditions including sureties, regular mention before the Deputy Registrar, and non-contact with prosecution witnesses except in the presence of the Investigating Officer.
Court Disposition
bail_granted
Orders
- Each accused person to be released on bond of KES 500,000 with two sureties of similar amount.
- Alternatively, each accused may deposit cash bail of KES 500,000.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL CASE NO 56 OF 2019
REPUBLIC....................................................RESPONDENT
VERSUS
DENNIS KERIBO NYARIBARI......................1ST ACCUSED
DANIEL WANG’ANG’A MUCHAI................2ND ACCUSED
TITUS KYALO MUSYOKI..............................3RD ACCUSED
RULING
1. On 25/09/2019 Justice Mutuku directed that the matter be placed before me for bail application and on 8/10/2019 the parties appeared before me with Ms. Gikonyo for the State indicated that there was still one suspect who had not been arrested but told the court that they did not have any compelling reasons why the accused persons should not be released on bond. Mr. Ndeda then appearing for the 2nd accused submitted that the relatives of the 2nd accused were willing to stand surety for him. It was indicated that he was a married man with two children.
2. Mr. Mutinda then made submissions on behalf of the 1st and 3rd accused persons and the court reserved its Ruling for 29/01/2010 based on the court’s work load and where it had reached with its Judgement and Rulings and within the period allowed in law.
3. The accused person subsequently filed application dated 16/10/2010 in respect of the 2nd accused Daniel Wang’ang’a Muchaion the ground that he had allegedly developed health complications while in prison and needed to seek medical attention. To that application was annexed medical records and reports.
4. On 17/10/2019 the 3rd accused also filed a similar application for court to review its Ruling on date for the Ruling. It is only the 1st accused who seems to be satisfied with the court’s direction on the date of the Ruling.
5. Whereas the reasons indicated in the said application cannot justify the grant of orders sought for the court to bring forward the date of the Ruling, I have noted that there are medical documents tendered by the remand medical facility which has indicated that they might not be in a position to offer the same specialized medical attention and for that reason alone recall the date of the Ruling from 29/01/2020.
6. Having taken note that the prosecution has not provided any compelling reasons so as to deny the accused persons bond and having looked at the pre-bail report which is favourable in respect of all the accused persons, I hereby order that all the accused persons be released on bond on the following terms:-
a. Each accused person to be released on bond of Kenya Shillings five hundred thousand (Kshs.500,000/=) with two sureties of similar amount.
b. In the alternative they may deposit cash bail of Kshs.500,000/= each.
c. They shall attend Mention before the Deputy Registrar of this court once after every 30 days at the dates to be set by the said Deputy Registrar while approving sureties.
d. They shall not make any contact with any of the intended prosecution witnesses unless the same is done in the presence of the Investigating Officer.
Dated, delivered and signed at Nairobi this 24th day of October, 2019.
..........................
J. WAKIAGA
JUDGE
In the presence of:-
Ms. Gikonyo for the State
Mr. Ndeda for Wanyama for the 1st accused
Mr. Ndeda/Nderitu for the 2nd accused
Mr. Swaka for the 3rd accused
All 3 accused persons present
Court assistant: Karwitha