[2018] KEHC 1018 (KLR)
The court found that the condition precedent for the 1st accused's bail, namely the testimony of three key prosecution witnesses, had been satisfied. There were no compelling reasons presented by the prosecution to justify continued denial of bail. The court recognized the constitutional right to bail and determined...
Source-derived case information.
- Citation
- [2018] KEHC 1018 (KLR)
- Parties
- Applicant: Republic; Defendant: Gladys Wambui Mwangi; Defendant: Rahab Mukenyi Aromba; Defendant: Alex Muhanji Okwemba; Defendant: James Mwaura Ngigi; Defendant: Nicholas Chegenye Mudegu
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 1 of 2018
- Procedural Posture
- Criminal Case / Bail Application Renewal
- Outcome
- bail_granted_with_conditions
- Judges
- AG Ndung'u
- Legal Topics
- Bail Application, Pretrial Release, Compelling Reasons, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Gladys Wambui Mwangi
Defendant
Rahab Mukenyi Aromba
Defendant
Alex Muhanji Okwemba
Defendant
James Mwaura Ngigi
Defendant
Nicholas Chegenye Mudegu
Defendant
Procedural Posture
Criminal Case / Bail Application Renewal
Legal Issues
- 1 Whether the 1st accused is entitled to bail after the prosecution witnesses have testified.
- 2 Whether there are compelling reasons to deny the 1st accused bail under Article 49 of the Constitution.
- 3 What conditions, if any, should be imposed on the 1st accused's release on bail.
Ratio Decidendi
The court found that the condition precedent for the 1st accused's bail, namely the testimony of three key prosecution witnesses, had been satisfied. There were no compelling reasons presented by the prosecution to justify continued denial of bail. The court recognized the constitutional right to bail and determined that any concerns regarding contact with the deceased's family could be addressed by restricting the 1st accused from visiting their homes. Concerns about interference with business premises were deemed more appropriate for civil proceedings. Accordingly, the court admitted the 1st accused to bail with specific conditions to safeguard the interests of justice.
Court Disposition
bail_granted_with_conditions
Orders
- The 1st accused is admitted to bail on a personal bond of Kshs. 500,000 plus one surety of like sum.
- The 1st accused shall not leave the jurisdiction of the court without leave of the court.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NUMBER 1 OF 2018
REPUBLIC..............................................................................PROSECUTOR
VERSUS
GLADYS WAMBUI MWANGI..............................................1ST ACCUSED
RAHAB MUKENYI AROMBA ............................................2ND ACCUSED
ALEX MUHANJI OKWEMBA ............................................3RD ACCUSED
JAMES MWAURA NGIGI.....................................................4TH ACCUSED
NICHOLAS CHEGENYE MUDEGU...................................5TH ACCUSED
RULING
1. The condition precedent imposed by court vide its ruling dated 8/2/2018 requiring that the 1st accused remains in custody until three (3) prosecution witnesses, namely, Arthur Macharia Mwangi, Diana Rose Wandiku Mumbi and Jane Nyambura Mungai testified has been met as the three witnesses having since testified before court.
2. In the premises and upon renewal of the bail application for the 1st accused, I find no compelling reason militating against the 1st accused’s constitutional right to bail.
3. I note the DPP in his submissions expressed two reservations.
1. That the 1st accused should not get into contact with deceased person’s family members.
2. The 1st accused should not interfere with business premises of the deceased.
4. Naturally, I would be inclined to restrict 1st accused’s contact with the family of the deceased in so far as that contact is at their homes.
5. As regards interference with business, that is a matter better left to this court’s other jurisdiction in civil and commercial matters.
6. I admit the accused person to bail. She is to execute a personal bond of Kshs. 500,000/= plus one surety of like sum. The 1st accused shall not leave the jurisdiction of court without the leave of this court. The 1st accused shall not visit the homes of the deceased person’s family.
Orders accordingly.
Ruling read in open court.
Dated and Delivered at Nakuru this 14th day of December, 2018.
A. K. NDUNG'U
JUDGE