[2015] KEHC 6854 (KLR)
The court held that the accused, charged with murder, is entitled to bail under Article 49(1)(h) of the Constitution unless the prosecution provides compelling reasons to the contrary. In this case, the prosecution failed to offer any such reasons. The court further considered the prebail report, which indicated...
Source-derived case information.
- Citation
- [2015] KEHC 6854 (KLR)
- Parties
- Applicant: Republic; Defendant: Everlyne Kerubo Nyangau
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 11 of 2014
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Bail granted to the accused with conditions.
- Judges
- J Wakiaga
- Legal Topics
- Bail and Bond, Murder Charges, Constitutional Rights of Accused
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Everlyne Kerubo Nyangau
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for a charge of murder.
- 2 Whether the prosecution has provided compelling reasons to deny bail as required by the Constitution.
Ratio Decidendi
The court held that the accused, charged with murder, is entitled to bail under Article 49(1)(h) of the Constitution unless the prosecution provides compelling reasons to the contrary. In this case, the prosecution failed to offer any such reasons. The court further considered the prebail report, which indicated that the accused is a single mother of a three-year-old child, and determined that it is in the best interest of the child for the accused to be released on bond. The seriousness of the charge and the potential sentence of death were noted, but these factors alone do not constitute compelling reasons to deny bail. The court therefore granted bail with specified conditions to...
Court Disposition
Bail granted to the accused with conditions.
Orders
- The accused is granted bond of Kshs. 300,000 with two sureties of similar amount.
- In the alternative, the accused may be released on cash bail of Kshs. 150,000.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 11 OF 2014
REPUBLIC ….................................................... APPLICANT
VERSUS
EVERLYNE KERUBO NYANGAU …........................ ACCUSED
20/1/2015
Before J. Wakiaga, J.
Bibu – cc
Mr. Sagwe for Mr. Ayienda for the Accused
The accused present
Mr. Majale for the State
COURT RULING
The accused is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The accused has pleaded not guilty to the said charges and is therefore considered innocent at this stage.
Article 50 of the Constitution of Kenya 2010now gives all accused persons a Constitutional Right to be released on bond unless there are compelling reasons to deny the same bond which compelling reasons must be provided for by the prosectuion.
In this case the prosecution has not offered any compelling reasons to deny the accused bond. The court is alive to the fact that the accused person faces a charge of murder where the sentence available if proved guilty is death. I have taken into account as stated in the prebail report that the accused is a single mother of a child of tender age aged 3 years and it is in the best interest of that child if the accused is released on bond at this stage as no one knows what will be the outcome of this trial. The accused should take advantage of the fruits of the new constitution to give the child maximum attention and care during the period of traial as no one knows whether she will be gone forever off at the conclusion of the trial.
I would therefore grant the accused person bond on the following terms:-
Bond of Kshs.300,000/= with two (2) surety of similar amount.
In the alternative cash bail of Kshs.150,000/=.
The accused to attend mention before the D/R of this court once after every 30 days at a date to be set by the D/R with the first said mention being 20/2/2015.
J. WAKIAGA
JUDGE
20/1/2015