[2013] KEHC 5877 (KLR)
The court found that the accused is entitled to bail as a constitutional right under Article 49, and there were no compelling reasons presented by the prosecution to deny bail. The court also considered the accused's personal circumstances, including her responsibility for three young children and her willingness to...
Source-derived case information.
- Citation
- [2013] KEHC 5877 (KLR)
- Parties
- Respondent: Republic; Applicant: Gladys Bwari Ichwara
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 8 of 2013
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- Bail granted to the accused pending trial upon specified terms.
- Judges
- EM Muriithi
- Legal Topics
- Bail Pending Trial, Right to Bail, Murder Charge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Gladys Bwari Ichwara
Applicant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under Article 49 of the Constitution.
- 2 Whether there are any compelling reasons to deny bail to the accused.
Ratio Decidendi
The court found that the accused is entitled to bail as a constitutional right under Article 49, and there were no compelling reasons presented by the prosecution to deny bail. The court also considered the accused's personal circumstances, including her responsibility for three young children and her willingness to comply with bail conditions. The court determined that appropriate bail terms, including a bond and surety, as well as reporting requirements and restrictions on leaving the court's jurisdiction, would sufficiently secure the accused's attendance at trial and the interests of justice.
Court Disposition
Bail granted to the accused pending trial upon specified terms.
Orders
- The accused to execute a bond of KES 300,000.
- The accused to provide one surety for KES 300,000.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 8 OF 2013
REPUBLIC …………………………………………………….…………..……. PROSECUTOR
-VERSUS-
GLADYS BWARI ICHWARA ……………....………..………………………….…… ACCUSED
RULING
The accused who faces a murder charge contrary to section 203 as read with section 204 seeks to be released on bail pending trial.
The state does not oppose bail. In the circumstances, Mr. Okenye for the accused urged the court to grant the accused bail pending trial.
The accused stated that she was a 28year old mother of 3 children aged 12, 9 and 3, and that she was a casual labourer but had a brother who would stand surety for her attendance to court.
In upholding the accused’s right to bail under Article 49 of the Constitution, and to allow her to provide for her young children, I grant the accused bail pending trial upon terms that:-
Accused may be released on bail upon terms that:-
The accused to execute a bond of kshs. 300,000/=
The accused to provide (1) surety for the similar amount of kshs. 300,000/=
The Accused shall not to leave the jurisdiction of the court without permission of the court.
Accused to attend to the Deputy Registrar of the court ever 30 days pending the hearing and determination of the trial.
Dated and delivered this 29th day of MAY 2013.
..…………………………………………………
EDWARD M. MURIITHI
JUDGE
In the presence of: -
…………………………………………….. for the Applicant
……………………………………………. for the Respondent
Mr. Edwin Mongare Court Clerk
…………………………………………………
EDWARD M. MURIITHI
JUDGE