[2013] KEHC 5535 (KLR)
The court found that the accused persons are entitled to bail as a constitutional right unless there are compelling reasons to deny it. Upon reviewing the police file and witness statements, the court determined that the accused are related, their places of abode are well known, and there is no evidence suggesting...
Source-derived case information.
- Citation
- [2013] KEHC 5535 (KLR)
- Parties
- Applicant: Republic; Respondent: Harun Mbae Kibiti; Respondent: Denis Munene; Respondent: Titus Murithi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 54 of 2013
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- bail granted
- Judges
- JW Lessit
- Legal Topics
- Bail Pending Trial, Murder Charge, Pretrial Release, Constitutional Rights, Surety Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Harun Mbae Kibiti
Respondent
Denis Munene
Respondent
Titus Murithi
Respondent
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the accused persons are entitled to bail pending trial under Article 49 of the Constitution.
- 2 Whether there is any likelihood of the accused interfering with witnesses or absconding if released on bail.
- 3 What terms are appropriate for the grant of bail in a murder case.
Ratio Decidendi
The court found that the accused persons are entitled to bail as a constitutional right unless there are compelling reasons to deny it. Upon reviewing the police file and witness statements, the court determined that the accused are related, their places of abode are well known, and there is no evidence suggesting they would interfere with witnesses or abscond. The prosecution did not demonstrate any compelling reasons to deny bail. Therefore, the court granted bail to each accused on the condition of signing a personal bond of Ksh.100,000 and providing a surety of Ksh.2,000,000 each, ensuring their attendance at trial and safeguarding the interests of justice.
Court Disposition
bail granted
Orders
- Each accused will sign a personal bond in the sum of Ksh.100,000.
- Each accused will provide a surety each in the sum of Ksh.2,000,000.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
HCCR NO. 54 OF 2013
LESIIT, J
REPUBLIC……………………………………………………..PROSECUTOR
V E R S U S
HARUN MBAE KIBITI………………………………………… 1ST ACCUSED
DENIS MUNENE……………………………………………….2ND ACCUSED
TITUS MURITHI………………………………………………..3RD ACCUSED.
RULING
The Applicants are accused persons in this case facing a charge of murder contrary to section 203 of the Penal Code. Their application is dated 1st July, 2013. It has been brought under Article 49 (i) (l) of Constitution. It seeks:
That on the first instance this application be certified as urged and the same be heard on a priority basis.
That the accused/applicants be admitted to bail pending the hearing and determination of the case herein or such terms as the honourable court may deem fit and just.
That the honourable court do make further or better orders as may meet the ends of justice.
It is premised on grounds on the face of the application namely:
That this case is fixed for mention on 20th day of August, 2013.
That the applicants are languishing in custody since the 3rd June, 2013.
That no prejudice will be occasioned to the prosecution.
It is supported by an affidavit sworn by 1st accused on his behalf and those of co-accused. Notably the affidavit annexes a document allegedly from Registrar of the High Court.
There is a further supporting affidavit in which the 1st accused has annexed some document allegedly from Presbyterian Teachers College, Rubate, it appears to be an past examination paper with aggregate mark of 39/70 and bearing names Mbaya Harun.
I have had occasion to peruse the police file containing the statements of witnesses who will be called to testify in this case. It is abundantly clear that the all 3 accused persons are related. It is also clear that their places of abode is well known. And they are well known and can easily be found in case in they choose to jump bail. Considering the statement I have the impression that there is no likelihood that any of the accused persons will interfere with witnesses or that they may pause a danger if released on bail. I will grant bail to the accused persons on the following terms
Each accused will sign a personal bond in the sum of Ksh.100,000/-
Each accused will provide a surety each in the sum of Kshs. 2,000,000/-
This matter will be mentioned 11th November, 2013 with a view of fixing a hearing date.
SIGNED AND DELIVERED AT MERU THIS 25TH DAY OF JULY 2013.
J. LESIIT
JUDGE