[2018] KEHC 2412 (KLR)
The court found that there were no compelling reasons presented by the prosecution to deny the accused bail. The accused had a fixed place of abode, means of sustenance, and a suitable surety. The court emphasized its constitutional duty to grant bail on reasonable terms and in accordance with the Bail and Bond...
Source-derived case information.
- Citation
- [2018] KEHC 2412 (KLR)
- Parties
- Respondent: Republic; Applicant: Erastus Wachira Muchori
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 16 of 2018
- Procedural Posture
- Criminal Case / Ruling on Bail
- Outcome
- bail granted with conditions
- Judges
- AM Cockar
- Legal Topics
- Bail Application, Murder Charge, Pretrial Release, Compelling Reasons, Bond Conditions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Erastus Wachira Muchori
Applicant
Procedural Posture
Criminal Case / Ruling on Bail
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 bail to the accused person.
- 3 What conditions should be attached to the grant of bail or bond.
Ratio Decidendi
The court found that there were no compelling reasons presented by the prosecution to deny the accused bail. The accused had a fixed place of abode, means of sustenance, and a suitable surety. The court emphasized its constitutional duty to grant bail on reasonable terms and in accordance with the Bail and Bond Policy Guidelines. To safeguard the integrity of the trial and protect witnesses, the court imposed conditions including non-interference with witnesses and relocation from the area where witnesses reside. The accused was granted the option of cash bail or bond with surety, subject to compliance with all set conditions.
Court Disposition
bail granted with conditions
Orders
- The accused may be released on a cash bail of Kshs. 100,000.
- Alternatively, the accused may be released on a bond of Kshs. 250,000 with one surety of like sum.
Full Case Text
Judgment text and source record
23 paragraphs
REPUPLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
LESIIT J
HIGH COURT CRIMINAL CASE NO. 16 OF 2018
REPUBLIC..................................................................PROSECUTION
VERSUS
ERASTUS WACHIRA MUCHORI...................................ACCUSED
RULING ON BAIL
1. The accused person Erastus Wachira Muchori is charged with the offence of murder contrary to Section 203as read together with Section 204 of the Penal Code Cap 63 Laws of Kenya.
2. I have considered the period in which the accused has been in custody since he was arraigned in court on 26th March 2018 which is eight (8) months.
3. I have considered that the prosecution was not opposed to bail as there were no compelling reasons and urged that if it was granted the accused should not interfere with witnesses.
4. I also took into consideration the submissions by the defense counsel Mr. Oduor that the accused has a place of abode at Shauri Moyo.
He further urged that he has a way of sustaining himself as he was a lorry driver. His brother is a pastor can stand as a surety for him.
5. Having considered the application for bail before me and the submissions by both counsels, I find that it is the court’s duty to grant bail/bond on reasonable terms and conditions in order to enforce Art. 49 (1) (h) of the Constitution and in compliance to the Bail and Bond Policy Guidelines.
6. I will therefore grant the accused person bail/bond on the following terms which the accused is expected to strictly comply with. The accused may be released on bail and bond:
a) He may be released on a cash bail of Kshs. 100,000/=
b) The accused may in the alternative be released on a bond of Kshs. 250,000/= with one surety of like sum.
c) The accused should not interfere with witnesses and should relocate to a different place as most witnesses reside in the same place where the accused lived before.
d)The accused should comply with the set conditions failure to which the court may cancel the bond.
DATED AT NAIROBI THIS 7TH DAY OF NOVEMBER, 2018.
LESIIT, J
JUDGE