Kenya Judgment

High Court · High Court at Kiambu

Republic v Frankline Muthiani Munyao [2021] KEHC 1057 (KLR)

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Source document

01

Holding and result

The court held that the accused is entitled to bail unless compelling reasons are shown to deny it. No evidence was presented by the prosecution to suggest that the accused would abscond or interfere with witnesses. While the seriousness of the offence and the potential for a severe sentence are relevant considerations, they do not, on their own, constitute compelling reasons to deny bail. The court exercised its discretion in favour of granting bail, subject to conditions to ensure the accused's attendance at trial and non-interference with witnesses.

Court disposition

Bail granted with conditions.

Orders

  • Frankline Muthiani Munyao is granted bond of Kshs.2 million with two sureties of similar amount.
  • Frankline Muthiani Munyao shall not interfere with the prosecution witnesses.

02

Material facts

Parties

Republic

Applicant Counsel: Mr. Kasyoka

Frankline Muthiani Munyao

Defendant Counsel: Mr. Kalwa

Amounts and remedies

  • Bond Amount: KES 2,000,000

03

Procedural history

  1. Posture

    Criminal Case / Bail Application Ruling

04

Questions and positions

Legal issues

Party arguments

Applicant
The prosecution did not provide evidence to show that the accused would fail to attend court if released on bond or bail. No compelling reasons were advanced to oppose the bail application.
Respondent
The accused, through counsel, sought to be released on reasonable bond or bail terms, relying on the constitutional right to bail and the absence of evidence suggesting he would abscond or interfere with witnesses.

05

Court’s reasoning

  1. 01

    Article 49(1)(h) of the Constitution of Kenya

    An arrested person has the right to be released on bond or bail on reasonable conditions unless there are compelling reasons not to be released.

  2. 02

    Republic v. Milton Kabulit & 60 Others (2011) eKLR

    The right to bond or bail is at the discretion of the court, especially for serious offences such as murder.

  3. 03

    Republic v. Ahmed Mohammed Omar & 6 Others (2010) eKLR

    The seriousness of the offence and the severity of the potential sentence are significant factors in considering bail applications.

06

Ratio, limits and disposition

Ratio decidendi

The court held that the accused is entitled to bail unless compelling reasons are shown to deny it. No evidence was presented by the prosecution to suggest that the accused would abscond or interfere with witnesses. While the seriousness of the offence and the potential for a severe sentence are relevant considerations, they do not, on their own, constitute compelling reasons to deny bail. The court exercised its discretion in favour of granting bail, subject to conditions to ensure the accused's attendance at trial and non-interference with witnesses.

Obiter and limits

  • The seriousness of the offence is a relevant but not determinative factor in bail applications.
  • The right to bail is not absolute and is subject to the court's discretion based on the facts presented.

Court disposition

Bail granted with conditions.

  • Frankline Muthiani Munyao is granted bond of Kshs.2 million with two sureties of similar amount.
  • Frankline Muthiani Munyao shall not interfere with the prosecution witnesses.

Source and reliance status

High Court

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Judgment text

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Source document

High Court

Judgment

[2021] KEHC 1057 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KIAMBU

CRIMINAL CASE NO. E027 OF 2021

BETWEEN

REPUBLIC.............................................................................................................PROSECUTOR

VERSUS

FRANKLINE MUTHIANI MUNYAO..........................................................................ACCUSED

RULING

1. FRANKLINE MUTHIANI MUNYAO, is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. He pleaded not guilty. It is yet to commence.

2. Article 49(1)(h) of the Constitution provides that an arrested person has a right to be released on bond or bail on reasonable conditions unless there are compelling reasons not to be released. It will be noted that the said Article has built, within it discretion which is given to the court in consideration of bond/bail. Justice Emukule (as he then was) stated the same in the case REPUBLIC VS. MILTON KABULIT & 60 OTHERS (2011) eKLR thus:-

“My understanding of Section (sic) 49 (1) (g) (h) is firstly, that the right of an arrested person to bond or bail in respect of any offence is solely at the discretion of the court seized of the application. Secondly, the only accused entitled to a right to an automatic bond or bail are those charged with offences (which may be referred to as “petty offences”) the punishment of which if found guilty and convicted) is either a fine only, or imprisonment for a term of less than six months”

3. The primary consideration in the deliberation, of an application for bond/bail is whether the accused will attend court if he is released on bond/bail. No evidence was provided to show that the accused would fail to attend court.

4. It is however important to state the seriousness of the offence is a fact to be considered and this is what was stated in the case REPUBLIC VS. AHMED MOHAMMED OMAR & 6 OTHERS (2010) eKLR thus:-

“... whereas the applicant is still presumed innocent; if he were to be convicted for murder, there is a possibility that the trial court could sentence him to death. To my mind, therefore, the severity of the sentence remains a significant factor for consideration in an application for bail pending trial."

DISPOSITION

5. Bearing in mind the above, I grant the following orders:-

a. FRANKLINE MUTHIANI MUNYAO is granted bond of Kshs.2 million with two sureties of similar amount.

b. FRANKLINE MUTHIANI MUNYAO shall not interfere with the prosecution witnesses.

6. Orders accordingly.

RULING DATED AND DELIVERED ATKIAMBU THIS 9TH DAY OF DECEMBER, 2021

MARY KASANGO

JUDGE

Coram:

Court Assistant : Maurice

For DPP :- Mr. Kasyoka

For Accused :- Mr. Kalwa

Accused : FRANKLINE MUTHIANI MUNYAO:-

COURT

RULING delivered virtually.

MARY KASANGO

JUDGE

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Republic v. Milton Kabulit & 60 Others (2011) eKLR

Case cited

Republic v. Ahmed Mohammed Omar & 6 Others (2010) eKLR

Case cited

Constitution of Kenya, Article 49(1)(h)

Legislation

Legislation referenced in the available case record.

Penal Code, Sections 203 and 204

Legislation

Legislation referenced in the available case record.

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