[2018] KEHC 7853 (KLR)
The court found that the pre-bail report recommended the accused as suitable for release on bond and that the prosecution did not present any compelling reasons to deny bail. In accordance with Article 49(1)(h) of the Constitution and the Bail and Bond Policy Guidelines, the court determined that the accused should...
Source-derived case information.
- Citation
- [2018] KEHC 7853 (KLR)
- Parties
- Respondent: Republic; Defendant: Doris Nkatha
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 86 of 2017
- Procedural Posture
- Criminal Trial / Pre Trial Bail Ruling
- Outcome
- bail_granted
- Legal Topics
- Murder Charge, Bail Application, Pretrial Release, Penal Code Section 203 204
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Doris Nkatha
Defendant
Procedural Posture
Criminal Trial / Pre Trial Bail Ruling
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for the offence of murder.
- 2 Whether the pre-bail report supports the release of the accused on bond.
Ratio Decidendi
The court found that the pre-bail report recommended the accused as suitable for release on bond and that the prosecution did not present any compelling reasons to deny bail. In accordance with Article 49(1)(h) of the Constitution and the Bail and Bond Policy Guidelines, the court determined that the accused should be released on bond pending trial. The bond was set at KES 500,000 with one surety of a similar amount, subject to examination of the surety by the Deputy Registrar.
Court Disposition
bail_granted
Orders
- The accused is released on bond of KES 500,000 with one surety of a similar amount.
- The surety to be examined by the Deputy Registrar.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT KENYA
AT MERU
CRIMINAL NO. 86 OF 2017
REPUBLIC.............................................PROSECUTOR
VS
DORIS NKATHA............................................ACCUSED
RULING
The accused is charged with the offence of murder contrary to section 203 as read with section 204 of the penal code.
Particulars are that the accused person Doris Nkatha on the 2nd day of October 2017 at Malaene village, Ndoleti Location in Igembe North Sub-county within Meru County and with another not before court murdered Ratanya Gitanga alias Kauni.
This called for Pre-bail report in respect of the accused and the report filed on 4th December 2017 recommends that accused is suitable to be released on bond pending trial.
Accused will be released on bond of 500,000/= + one surety of similar amount. The surety to be examined by DR.
HON A.ONG’INJO
JUDGE
20. 2.2018
Before Adwera Ong’injo J
Penina –Ct Assistant
Mrs Mwathi for state Mr Ashaba Advocate holding brief for Wamache Advocate for accused.
Accused – Present in person.
Court
Ruling delivered, dated and signed in court.
Hearing 23. 10. 2018.
5 witnesses
HON A.ONG’INJO
JUDGE