[2016] KEHC 3184 (KLR)
The court found no compelling reason to deny the accused bond. The accused is presumed innocent, has demonstrated good character, and there is no evidence suggesting he would abscond, interfere with witnesses, or that his life would be at risk if released. The State did not oppose the application, and the pre-bail...
Source-derived case information.
- Citation
- [2016] KEHC 3184 (KLR)
- Parties
- Applicant: Republic; Defendant: Francis Mugambi M’Itabari
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 29 of 2016
- Procedural Posture
- Criminal Case / Ruling on Bond Application Pending Trial
- Outcome
- Application for bond granted.
- Judges
- RPV Wendoh
- Legal Topics
- Bail and Bond, Presumption of Innocence, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Francis Mugambi M’Itabari
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Application Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bond pending trial for a charge of murder.
- 2 Whether there are compelling reasons to deny the accused bond.
Ratio Decidendi
The court found no compelling reason to deny the accused bond. The accused is presumed innocent, has demonstrated good character, and there is no evidence suggesting he would abscond, interfere with witnesses, or that his life would be at risk if released. The State did not oppose the application, and the pre-bail report was favorable except for the deceased's family. Therefore, the accused is entitled to bond pending trial, subject to the terms set by the court.
Court Disposition
Application for bond granted.
Orders
- Accused may be released on bond of Kshs.200,000 with one surety of like sum or cash bail of Kshs.60,000.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO. 29 OF 2016
REPUBLIC.............................................................. PROSECUTOR
VERSUS
FRANCIS MUGAMBI M’ITABARI ................................. ACCUSED
RULING
Francis Mugambi M’Itabari faces a charge of murder contrary to Section 203 and 204 of the Penal Code. In the Notice of Motion dated 30/6/2016, he seeks to be released on bond pending trial.
The grounds upon which the application is based are that the accused has a Constitutional right to bond because he is presumed innocent till proved guilty; that he will abide by all the bond terms that the court may impose and will attend court as will be required of him.
The State did not oppose the application and this court called for a pre-bail report. In the report, accused is described as having been of good character, having worked as a Sub Area and that apart from deceased’s family, the community does not oppose his release on bond.
In an application for bond, the cardinal consideration is whether the accused will turn up for his trial. The other considerations are accused’s character and antecedents, whether he will interfere with witnesses or his life may be at risk. So far, there is no compelling reason disclosed to deny accused bond. I grant the application. Accused may be released on bond of Kshs.200,000/= with one surety of like sumor cash bail of Kshs.60,000/=.
DATED, SIGNED AND DELIVERED THIS 26TH DAY OF JULY, 2016.
R.P.V. WENDOH
JUDGE
26/7/2016
PRESENT
Mr. Mulochi for State
Mr. Kimathi for Accused
Ibrahim, court Assistant
Present, Accused