[2015] KEHC 3739 (KLR)
The court found that bail is a constitutional right for any criminal offence, including murder, and that it may only be denied for compelling reasons. Upon reviewing the committal bundle and the circumstances of the alleged offence, the court found no compelling reason to deny the accused bail. Therefore, the...
Source-derived case information.
- Citation
- [2015] KEHC 3739 (KLR)
- Parties
- Respondent: Republic; Applicant: Esther Njeri
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 7 of 2014
- Procedural Posture
- Criminal Case / Bail Application
- Outcome
- bail_granted
- Judges
- DW Mbuteti
- Legal Topics
- Bail Pending Trial, Murder Charge, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Esther Njeri
Applicant
Procedural Posture
Criminal Case / Bail Application
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for a charge of murder.
- 2 Whether there exist compelling reasons to deny bail to the accused.
Ratio Decidendi
The court found that bail is a constitutional right for any criminal offence, including murder, and that it may only be denied for compelling reasons. Upon reviewing the committal bundle and the circumstances of the alleged offence, the court found no compelling reason to deny the accused bail. Therefore, the accused was entitled to be released on bail pending trial, subject to reasonable conditions.
Court Disposition
bail_granted
Orders
- The accused Esther Njeri shall be released on her own cognizance in the sum of KShs 50,000 plus one surety in like sum.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MURANG’A
CRIMINAL CASE NO 7 OF 2014
REPUBLIC……….……………………...…..……..………....PROSECUTOR
VERSUS
ESTHER NJERI……………….…………………………………..ACCUSED
R U L I N G
1. The Accused Esther Njeriis charged with murder contrary to section 203as read withsection 204of the Penal Code. It is alleged that on 20th day of January, 2014 at Iganjo village, within Murang’a County she murdered one Jackson Muiruri Njui. She pleaded not guilty and is awaiting trial. She has now sought to be admitted to bail pending trial. The Republic does not oppose the application.
2. Bail is now a constitutional right for any criminal offence, and will be denied only for compelling reason. Any conditions imposed for such bail must be reasonable. See Article 49(1) (h)of the Constitution of Kenya, 2010.
3. I have perused the “committal” bundle of documents supplied by the Republic to the court and to the Accused. I have noted the circumstances under which the alleged offence was allegedly committed. I can find no compelling reason for denying the Accused bail.
4. The Accused will be released on her own cognizance in the sum of KShs 50,000/00 plus one surety in like sum. It is so ordered.
DATED AND SIGNED AT MURANG’A THIS 9TH DAY OF JULY 2015
H P G WAWERU
JUDGE
DELIVERED AT MURANG’A THIS 10TH DAY OF JULY 2015