[2021] KEHC 7766 (KLR)
The court held that the accused persons are entitled to bail as a constitutional right under Article 49(1)(h) of the Constitution. There being no opposition from the State and no compelling reasons presented to deny bail, the court found no justification to withhold bail. However, given the seriousness of the charge...
Source-derived case information.
- Citation
- [2021] KEHC 7766 (KLR)
- Parties
- Applicant: Republic; Defendant: George Gaithuna Mukono; Defendant: Monicah Njoki Mbugua
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 36 of 2020
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- Bail granted to both accused persons on specified terms.
- Judges
- MM Kasango
- Legal Topics
- Bail Application, Right to Bail, Murder Charge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
George Gaithuna Mukono
Defendant
Monicah Njoki Mbugua
Defendant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused persons are entitled to bail pending trial for the offence of murder.
- 2 What terms are appropriate for the grant of bail in a serious offence such as murder.
Ratio Decidendi
The court held that the accused persons are entitled to bail as a constitutional right under Article 49(1)(h) of the Constitution. There being no opposition from the State and no compelling reasons presented to deny bail, the court found no justification to withhold bail. However, given the seriousness of the charge of murder and the potential severity of the sentence if convicted, the court determined that the bail terms should be substantial to ensure the accused persons' attendance at trial. Accordingly, each accused was granted bond of Kshs. 500,000 with one surety of like sum.
Court Disposition
Bail granted to both accused persons on specified terms.
Orders
- Each accused shall be released on bond of Kshs. 500,000 and one surety of like sum.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO. 36 OF 2020
REPUBLIC………………………….………………..……PROSECUTOR
VERSUS
1. GEORGE GAITHUNA MUKONO
2. MONICAH NJOKI MBUGUA...............................................ACCUSED
RULING
1. Both accused are facing the charge of murder of one, NJOROGE MUKONO deceased. They pleaded not guilty to the charge and are presently waiting for their trial they have applied that they be released on bail.
2. The State does not opposed their application.
3. The deceased was brother to the 1st accused and uncle to the 2nd accused. The 1st accused is 50 years old, married with three children. The 2nd accused is a single mother of three children.
4. Considering the provisions of Article 49(1(h) of the Constitution which grants an arrested person right to bail. I am of the view that the accused can be granted bail. The terms of release on bail however will take into account that offence the accused face is serious and because of the likely term of sentence, if they are found guilty, to be heavy, the bail terms should be commensurate hereof: See the case of REPUBLIC VS. ROBERT ZIPPORT NZILU (2018) eKLR.
5. DISPOSITION
I grant the following order:-
The accused GEORGE GAITHUNA MUKONOandMONICAH NJOKI MBUGUA shall each be released on bond of Kshs.500, 000/= and one surety of like sum for each of them.
RULING DATED, SIGNED and DELIVERED on this 15th day of APRIL, 2021.
MARY KASANGO
JUDGE
Coram:
C/A: Kevin
Accused 1: Present
Accused 2: present
For the accused: Mr. Kamuiru holding brief for Mr. Gachoka
For the prosecution: Ms. Kathambi
COURT
Ruling delivered virtually.
MARY KASANGO
JUDGE