[2021] KEHC 2005 (KLR)
The court found that the constitutional right to bail on reasonable conditions requires that bond terms be set at amounts that accused persons can realistically meet, unless there are compelling reasons to deny bail. In this case, the 1st and 3rd accused demonstrated their inability to raise the initial bond terms...
Source-derived case information.
- Citation
- [2021] KEHC 2005 (KLR)
- Parties
- Applicant: Republic; Defendant: Eliud Njuguna Nganga; Defendant: George Kihara Ndichu; Defendant: John Ndirangu Nganga
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E028 of 2021
- Procedural Posture
- Criminal Case / Ruling on Application for Review of Bond Terms
- Outcome
- application for review of bond terms allowed
- Judges
- MM Kasango
- Legal Topics
- Bail Review, Bond Terms, Right to Bail, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Eliud Njuguna Nganga
Defendant
George Kihara Ndichu
Defendant
John Ndirangu Nganga
Defendant
Procedural Posture
Criminal Case / Ruling on Application for Review of Bond Terms
Legal Issues
- 1 Whether the bond terms imposed on the 1st and 3rd accused were reasonable in light of their inability to raise the amounts and provide sureties.
- 2 Whether the constitutional right to bail on reasonable conditions required a review of the bond terms in the circumstances.
Ratio Decidendi
The court found that the constitutional right to bail on reasonable conditions requires that bond terms be set at amounts that accused persons can realistically meet, unless there are compelling reasons to deny bail. In this case, the 1st and 3rd accused demonstrated their inability to raise the initial bond terms and the prosecution did not object to the review. The court, therefore, exercised its discretion to reduce the bond amount and surety requirements, ensuring the accused's right to liberty while still securing their attendance at trial.
Court Disposition
application for review of bond terms allowed
Orders
- Eliud Njuguna Nganga and John Ndirangu Nganga to be released on their own bond of Kshs. 500,000 with one surety of similar amount pending trial.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO. E028 OF 2021
BETWEEN
REPUBLIC……………….…...........…..…..……...........……..PROSECUTOR
VERSUS
1. ELIUD NJUGUNA NGANGA
2. GEORGE KIHARA NDICHU
3. JOHN NDIRANGU NGANGA………………………………... ACCUSEDS
RULING
1. ELIUD NJUGUNA NGANGA, GEORGE KIHARA NDICHUand JOHN NDIRANGU NGANGAare charged with the offence of murder. They all pleaded not guilty. By this Court’s Ruling of 1st July, 2021, the three accused were ordered to be released from custody pending their trial on their own bond of Kshs. 1million and two sureties for each of them for similar amount.
2. An application has been made by the 1st and 3rd accused for review of bond terms. Their learned counsels stated that they both were unable to raise the bond terms and that their family were not in a position to provide the sureties.
3. Article 49(1)(h) of the Constitution of the Constitution provides that an accused as the right to be released on bond or bail on reasonable conditions.
4. The Constitutional right to be released on bail is a recognition of the value of liberty of an individual. That liberty was discussed in the case REPUBLIC VS. DIANA SULEIMAN SAID AND ANOTHER (2014) eKLR as follows:-
“14The Supreme Court of India in the Deokar case cited its previous decision inMASROOR V. STATE OF UTTAH PRADESH AND ANOR.(2009) (14) SCC 286 as follows:
“There is no denying the fact that the liberty of an individual is precious and is to be zealously protected by the courts. Nonetheless, such a protection cannot be absolute in every situation. The valuable right of liberty of an individual and the interest of the society in general has to be balanced. Liberty of a person accused of an offence would depend upon the exigencies of the case. It is possible that in a given situation, the collective interest of the community may outweigh the right of personal liberty of the individual concerned.’”
5. There being no objection to review of bail terms by the prosecution, the 1st and 3rd accused prayer will be acceded to.
6. I order that ELIUD NJUGUNA NGANGAand JOHN NDIRANGU NGANGA be released on their own bond of Kshs.500,000/= with one surety of similar amount pending their trial.
RULING DATED and DELIVERED at KIAMBU this 18th day of NOVEMBER, 2021.
MARY KASANGO
JUDGE
Coram:
Court Assistant: Maurice
For DPP: Mr. Kasyoka
For 2nd Accused: Mr. Kirimi holding brief Ms. Irungu
For 3rd Accused : Mr. Kirimi
1st Accused ELIUD NJUGUNA NGANGA:
2nd Accused GEORGE KIHARA NDICHU:
3rd Accused JOHN NDIRANGU NGANGA :
For 1st Accused: James Muiruri
COURT
RULING delivered virtually.
MARY KASANGO
JUDGE