[2013] KEHC 2235 (KLR)
The court found that the applicant, charged with murder, is entitled to bail under Article 49(1)(h) of the Constitution. The prosecution did not present any compelling reasons to justify her continued incarceration. The applicant's personal circumstances, including her status as a single mother and her willingness...
Source-derived case information.
- Citation
- [2013] KEHC 2235 (KLR)
- Parties
- Respondent: Republic; Applicant: Esther Munyamasi Mutua
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 40 of 2011
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- Bail granted to the accused pending trial.
- Judges
- LN Mutende
- Legal Topics
- Bail Pending Trial, Right to Bail, Compelling Reasons, Murder Charge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Esther Munyamasi Mutua
Applicant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there are compelling reasons to deny the accused bail.
Ratio Decidendi
The court found that the applicant, charged with murder, is entitled to bail under Article 49(1)(h) of the Constitution. The prosecution did not present any compelling reasons to justify her continued incarceration. The applicant's personal circumstances, including her status as a single mother and her willingness to comply with bail conditions, further supported her application. In the absence of any opposition or evidence of compelling reasons, the court granted bail as a constitutional right.
Court Disposition
Bail granted to the accused pending trial.
Orders
- The accused is released on bond of 500,000 KES with a similar surety.
Full Case Text
Judgment text and source record
17 paragraphs
No. 69/2013
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CRIMINAL CASE NO. 40 OF 2011
REPUBLIC …………………………………………. PROSECUTOR
VERSUS
ESTHER MUNYAMASIA MUTUA…...................... ACCUSED
RULING
The accused is charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code.
In her application dated 17th June 2013, she seeks to be released on bail pending trial. In the affidavit in support of the application she depones that she is a single mother. She has two (2) children and five (5) grandchildren who depend on her. Following her arrest the children have dropped out of school. She is ailing. She is willing to abide with any conditions to be imposed by the court.
Mr. Mwangi, learned counsel for the State did not oppose the application. He said that there were no compelling reasons to inhibit her release on bail.
According to Article 49(1) (h) of the Constitution it is the accused person’s right to be out of bail. Since there is absolutely no reason requiring her to be incarcerated, I do grant the prayer sought.
Accordingly, I do release her on bond of 500,000/= with a similar surety.
It is so ordered.
DATED, SIGNED andDELIVERED at MACHAKOSthis19THday of AUGUST, 2013
L.N. MUTENDE
JUDGE