[2017] KEHC 6298 (KLR)
The court found that bail pending trial is a constitutional right for all criminal offences, including murder, and may only be denied for compelling reasons. After reviewing the witness statements and circumstances of the alleged offence, the court found no compelling reason to deny the accused bail. The prosecution...
Source-derived case information.
- Citation
- [2017] KEHC 6298 (KLR)
- Parties
- Respondent: Republic; Applicant: Ezekiel Kagi Chege
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 10 of 2016
- Procedural Posture
- Criminal Case / Ruling on Bail Application Pending Trial
- Outcome
- bail granted
- Judges
- DW Mbuteti
- Legal Topics
- Bail Pending Trial, Murder Charge, Constitutional Rights, Compelling Reasons
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Ezekiel Kagi Chege
Applicant
Procedural Posture
Criminal Case / Ruling on Bail Application Pending Trial
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 the accused bail as required by the Constitution.
Ratio Decidendi
The court found that bail pending trial is a constitutional right for all criminal offences, including murder, and may only be denied for compelling reasons. After reviewing the witness statements and circumstances of the alleged offence, the court found no compelling reason to deny the accused bail. The prosecution did not oppose the application, and no evidence was presented to suggest that the accused should be denied bail. Therefore, the accused was entitled to bail on reasonable terms.
Court Disposition
bail granted
Orders
- The accused shall be admitted to bail upon his own cognizance in the sum of KShs 500,000.00 plus one surety in like sum.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MURANG’A
CRIMINAL CASE NO 10 OF 2016
REPUBLIC...................................................PROSECUTOR
VERSUS
EZEKIEL KAGI CHEGE......................................ACCUSED
R U L I N G
1. The Accused in this case, Ezekiel Kagi Chege, is charged with murder contrary to section 203 as read with section 204 of the Penal Code. It is alleged in the information dated 24/06/2016 that in the night of 15/06/2016 at Marume Village, Kirere Location in Kigumo Sub-County within Murang’a County, he murdered one Andrew Mwangi Muthoni. On 13/07/2016 he pleaded not guilty to the charge. His trial is scheduled to commence on 10/04/2017. In the meantime he has applied by notice of motion dated 09/11/2016 to be admitted to bail. The Republic has not opposed the application.
2. Bail pending trial is now a constitutional right for all criminal offences that will be denied only for compelling reason. Any conditions for such bail the court might impose, again by constitutional edict, must be reasonable. See Article 49(1) (h) of the Constitution of Kenya, 2010.
3. I have perused the witness statements and other documents supplied to the Accused and to the court by the prosecution, and I have noted the circumstances in which the alleged offence was committed. I find no compelling reason to deny the Accused bail.
4. I will in the event allow the notice of motion dated 09/11/2016. The Accused shall be admitted to bail upon his own cognizance in the sum of KShs 500,000/00 plus one surety in like sum. It is so ordered.
DATED AND SIGNED AT MURANG’A THIS 6TH DAY OF APRIL 2017
H P G WAWERU
JUDGE
DELIVERED AT MURANG’A THIS 7TH DAY OF APRIL 2017