[2013] KEHC 4330 (KLR)
The court found that there were no compelling reasons to deny the accused bail. The Pre-Bail Report indicated that both the community and the accused's family supported his release, and the accused had demonstrated good behavior. The State did not oppose the application. The court, therefore, exercised its...
Source-derived case information.
- Citation
- [2013] KEHC 4330 (KLR)
- Parties
- Applicant: Republic; Defendant: Erick Koome Muthamia
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 2 of 2013
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- Application for bail allowed; accused to be released on bond with conditions.
- Legal Topics
- Bail Pending Trial, Murder Charge, Pre Bail Report, Compelling Reasons, Bond Terms
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Erick Koome Muthamia
Defendant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused should be granted bail pending trial for a charge 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 Pre-Bail Report indicated that both the community and the accused's family supported his release, and the accused had demonstrated good behavior. The State did not oppose the application. The court, therefore, exercised its discretion to grant bail, emphasizing the constitutional right to bail unless compelling reasons are shown to the contrary.
Court Disposition
Application for bail allowed; accused to be released on bond with conditions.
Orders
- Accused to sign a bond of Ksh.200,000/-.
- Accused to provide one surety to sign bond for him in the sum of Ksh.200,000/- in addition to his own bond.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
High Court at Meru
Criminal Case 2 of 2013 [if gte mso 9]><xml>
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REPUBLIC……………………………………………………… PROSECUTOR
VERSUS
ERICK KOOME MUTHAMIA……………………………….…ACCUSED
R U L I N G
The Accused faces a charge of murder contrary to section 203 as read with section 204 of the Penal Code. he has sought bail or bond pending trial through his counsel Mr. B. Gitonga.Counsel urged that the accused was a young man with a young family of a wife and three children. He urged that the accused had a fixed place of abode and that he had undertaken to abide by the terms of bond the court will give.He said that the deceased was related to the accused being his brother.
Mr. Mungai learned State Counsel in his brief statement said that the State was not opposing bail.
To enable the court make an informed ruling I called for a Pre-Bail Report which has since been filed. I have perused the Report. It has demonstrated that the Community where the accused comes from and lives, and his own family were in agreement that the accused has been a person of good behavior and therefore none of them opposed the accused being considered for bail.
The State has not opposed the application even though the reason fact was not mentioned.
Having considered this Application I find no compelling reason why the accused should not be released on bail.
In the result I will allow the application for bail and order accused release on the following terms.
1. Accused to sign a bond of Ksh.200,000/-
2. Accused to provide one surety to sign bond for him in the sums of Ksh.200,000/- in addition to one above.
3. The Deputy Registrar of this court will approve the accused surety for his release.
4. Mention on 21. 6.2013 for fixing of hearing dates.
DATED, SIGNED AND DELIVERED THIS 20TH DAY OF MARCH 2013
LESIIT, J.
JUDGE.
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