[2016] KEHC 1186 (KLR)

[2016] KEHC 1186 (KLR)

The court found that there were no compelling reasons to deny the accused bail after reviewing the witness statements and prosecution documents. The constitutional right to bail under Article 49(1)(h) applies, and the prosecution did not oppose the application. The court therefore allowed the application and set...

Source-derived case information.

Citation
[2016] KEHC 1186 (KLR)
Parties
Respondent: Republic; Applicant: Gerald Gitau Kihara
Court
High Court
Court Station
High Court at Murang'a
Jurisdiction
Kenya
Judgment Date
17 June 2016
Case Number
Criminal Case 24 of 2015
Procedural Posture
Criminal Case / Bail Application Pending Trial
Outcome
application for bail allowed
Judges
DW Mbuteti
Legal Topics
Bail Pending Trial, Murder Charge, Constitutional Rights
Source Language
english
Criminal Law Bail Pending Trial Murder Charge Constitutional Rights

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Parties

Republic

Respondent

Gerald Gitau Kihara

Applicant

Procedural Posture

Criminal Case / Bail Application Pending Trial

Legal Issues

  1. 1 Whether the accused is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
  2. 2 Whether there exist compelling reasons to deny the accused bail.

Ratio Decidendi

The court found that there were no compelling reasons to deny the accused bail after reviewing the witness statements and prosecution documents. The constitutional right to bail under Article 49(1)(h) applies, and the prosecution did not oppose the application. The court therefore allowed the application and set reasonable bail terms.

Court Disposition

application for bail allowed

Orders

  • The accused shall be admitted to bail upon his own cognizance in the sum of KShs 300,000 and one surety in like sum.