[2019] KEHC 8627 (KLR)
The court found that there were no compelling reasons to deny the accused bail, especially in light of the favourable pre-bail report and the absence of opposition from the prosecution. The court emphasized the constitutional right to bail and the importance of ensuring the accused attends court and does not...
Source-derived case information.
- Citation
- [2019] KEHC 8627 (KLR)
- Parties
- Applicant: Republic; Defendant: Gabriel Amakobe Mulunda
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 62 of 2018
- Procedural Posture
- Criminal Case / Ruling on Bail Application Pending Trial
- Outcome
- bail granted with conditions
- Judges
- DN Musyoka
- Legal Topics
- Bail Pending Trial, Murder Charge, Pre Bail Report, Bond Conditions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Gabriel Amakobe Mulunda
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application Pending Trial
Legal Issues
- 1 Whether the accused should be released on bail pending trial for a charge of murder.
- 2 Whether the pre-bail report supports the release of the accused on bond.
- 3 What conditions should be attached to the grant of bail.
Ratio Decidendi
The court found that there were no compelling reasons to deny the accused bail, especially in light of the favourable pre-bail report and the absence of opposition from the prosecution. The court emphasized the constitutional right to bail and the importance of ensuring the accused attends court and does not interfere with witnesses. Accordingly, the accused was granted bail on condition of executing a bond of Kshs. 500,000 with a surety of like amount, and compliance with specified terms.
Court Disposition
bail granted with conditions
Orders
- The accused may be released on bail pending trial upon executing a bond of Kshs. 500,000 backed by a surety of like amount.
- The accused shall not contact or interfere with witnesses while on bond.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CRIMINAL CASE NO. 62 OF 2018
REPUBLIC.......................................................................................................DPP
VERSUS
GABRIEL AMAKOBE MULUNDA................................................ACCUSED
RULING
1. The accused is charged with murder contrary to section 203 of the Penal Code as read with section 204 of the Penal Code, Cap 63, Laws of Kenya. The particulars of the offence allege that on the night of 28th and 29th September 2018 at Munyanza Village, Mutoma Sub- Location of Butere Sub-County within Kakamega County, jointly with others not before court, he murdered Gilbert Lutta. He pleaded not guilty to the charge.
2. What I am called upon to determine is his application for release on bond pending hearing. The application was not opposed by the state, however, the prosecution called for a pre-bail report. The pre-bail report has been filed. It is dated 27th November 2018, and was lodged herein on 15th January 2019. It is favourable to the accused person.
3. I shall accordingly order that the accused may be released on bail pending trial upon his executing a bond of Kshs. 500, 000. 00 backed by a surety of like amount. He shall, while on bond, not contact or interfere with witnesses, and shall attend court at all times whenever the matter shall be due for mention or hearing. His bond is liable to cancellation should he fail to abide by its terms.
DELIVERED DATED AND SIGNED AT KAKAMEGA THIS 10th DAY OF April 2019
W MUSYOKA
JUDGE