[2020] KEHC 6737 (KLR)
The court found that the accused, charged with murder, was entitled to bail as there was no objection from the prosecution and the pre-bail report was generally positive, indicating the accused had no criminal record and was well-settled in the community. Although the report lacked the views of the victim's family,...
Source-derived case information.
- Citation
- [2020] KEHC 6737 (KLR)
- Parties
- Applicant: Republic; Defendant: Duncan Mwamba Mwangi
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 6 of 2020
- Procedural Posture
- Criminal Case / Plea and Bail Ruling
- Outcome
- bail granted with conditions
- Judges
- NA Matheka
- Legal Topics
- Bail Application, Murder Charge, Pre Bail Report, Bond Terms
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Duncan Mwamba Mwangi
Defendant
Procedural Posture
Criminal Case / Plea and 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 is sufficient for determining bail, given the absence of the victim's family's views.
- 3 Whether the prosecution objects to the grant of bail.
Ratio Decidendi
The court found that the accused, charged with murder, was entitled to bail as there was no objection from the prosecution and the pre-bail report was generally positive, indicating the accused had no criminal record and was well-settled in the community. Although the report lacked the views of the victim's family, which is a legal requirement, the court noted the extraordinary circumstances of the COVID-19 pandemic and the absence of any compelling reason to deny bail. The court therefore granted bail with specific bond terms, subject to approval of sureties by the Deputy Registrar, and directed that the accused, if released, should return to school.
Court Disposition
bail granted with conditions
Orders
- The accused may be released on a bond of Ksh 300,000 with one surety of the same amount or two sureties each of half the amount.
- The surety or sureties to be approved by the Deputy Registrar.
Full Case Text
Judgment text and source record
52 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NUMBER 6 OF 2020
REPUBLIC...................................................................PROSECUTOR
VERSUS
DUNCAN MWAMBA MWANGI .....................................ACCUSED
PLEA and BAIL
24/4/2020
CORAM:
Before Mumbua T Matheka J (At Home)
Court Assistant Edna (Nakuru Law Courts Boardroom)
Ms. Odero for state (Nakuru Law Courts Boardroom)
Ms. Mugweru for accused
ACCUSED (Nakuru GK Maximum Prison)
Interpretation: English/Kiswahili
Court: Pursuant to several directives by the Honourable Chief Justice, the Presiding Judge High Court, the Chief Registrar of the Judiciary and the Administrative Directives of the Presiding Judge, Nakuru High Court all related to operations of the Courts during this period of COVID-19 Pandemic, this PLEA was taken vis ZOOM.
Court: Is the psychiatrist report in the court file?
Edna: Yes, dated 13th February 2020.
Court to Accused: Language are you comfortable with?
Accused: Kiswahili
Court: The charge and the particulars are read to the accused in Kiswahili and he responds:
Accused: Nakataa
Court: Plea of Not guilty entered.
Ms. Mugweru: We request to be supplied with the witness statements and other evidence the prosecution will rely on electronically.
Ms. Odero: I am not sure we will be able to share electronically because the police have challenges. I have Ms. Mugweru’s contacts. I will get in touch with her.
Ms. Mugweru: She can do screen shots and send on WhatsApp?
Ms. Odero: That may not be possible but we will supply.
Court: Prosecution to supply the statements et al. Mention on 28th May 2020 to confirm compliance and to fix hearing dates,
Mumbua T Matheka
Judge
Ms. Mugweru: We apply for reasonable bond terms.
Ms. Odero: We have no objection
Court: We may need a PBR.
Edna: There is one in the file.
Court: Let the file be brought to me so that I can peruse the pre bail report and make the appropriate orders.
Mumbua T Matheka
Judge
Later
Court: Ruling on Bail
The accused person Duncan Mwamba Mwangi is charged with Murder Contrary to Section 203 as read with 204 of the Penal Code. It is alleged that on 12th January 2020 at Muchorwe Trading Centre in Molo Sub County jointly with another not before court he murdered Stephen Wandera.
I have perused the pre bail report filed on 19th March 2020, and the two letters annexed thereto, one from the accused’s school Keringet Secondary where he was in form 3, and the letter from the Chief of Kiambiriria Location. The family is well settled in the area and the accused does not have any criminal record.
The report is positive but lacks one important aspect, the views of the victim’s family. The importance of this cannot be over emphasised because apart from its social-legal importance, it is a legal requirement. I know we are living in extra ordinary times due to COVD-19, but a phone call could have said something.
Never the less, there is no objection from the prosecution, and I will leave it there.
1. The accused person may be released on a bond of Ksh 300,000/= with one surety of the same amount or two sureties each of half the amount.
2. The Surety(ies) be approved by the Deputy Registrar.
3. The accused person, if released to go back to school.
4. This order be served on the parties.
5. Orders accordingly.
Given this 24th day of April 2020.
Mumbua T Matheka
Judge