[2016] KEHC 3241 (KLR)
The court found that there were no compelling reasons to deny the accused bail. The prosecution did not oppose the application, the pre-bail report was favorable, and the deceased's family did not object, instead supporting the accused's release to care for the deceased's child. The court emphasized the...
Source-derived case information.
- Citation
- [2016] KEHC 3241 (KLR)
- Parties
- Respondent: Republic; Applicant: Dennis Muriungi Kinyua
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 17 of 2016
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Application for bail allowed.
- Legal Topics
- Bail Application, Compelling Reasons, Presumption of Innocence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Dennis Muriungi Kinyua
Applicant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny the accused bail.
Ratio Decidendi
The court found that there were no compelling reasons to deny the accused bail. The prosecution did not oppose the application, the pre-bail report was favorable, and the deceased's family did not object, instead supporting the accused's release to care for the deceased's child. The court emphasized the constitutional right to bail and the presumption of innocence, concluding that the accused should be released on bond or cash bail as specified.
Court Disposition
Application for bail allowed.
Orders
- The accused may be released on bond of KShs.200,000 plus one surety of like sum or cash bail of KShs.60,000.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL CASE NO. 17 0F 2016
REPUBLIC …………………… PROSECUTOR
VERSUS
DENNIS MURIUNGI KINYUA .........ACCUSED
RULING
Dennis Muriungi Kinyua is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. By Notice of Motion dated 30/5/2016, he seeks to be released on bond. The grounds upon which he brings the application are that it is his Constitutional right to be released on bond since he is innocent till proved guilty; that he is not a flight risk; that he will attend court as will be required of him; that there are no compelling reasons to deny him bond.
The prosecution did not oppose this application. The court called for a pre-bail report which is favourable to the accused’s release on bond; the deceased’s family does not also object to the application because they wish to have accused look after the child that deceased left behind.
I therefore find that there are no compelling reasons upon which accused should be denied bond. I allow the application. Accused may be released on bond of KShs.200,000/= plus one surety of like sum or cash bail of Kshs.60,000/=.
DATED, SIGNED AND DELIVERED THIS 26TH DAY OF JULY, 2016.
R.P.V.WENDOH
JUDGE
26/7/2016
PRESENT
Mr. Mulochi for State
Mr. Muthomi for Accused
Ibrahim, Court Assistant
Present, Accused