[2021] KEHC 7707 (KLR)
The court found no compelling reasons to deny bail to the accused. There was no evidence that the accused was likely to commit another offence or interfere with the administration of justice if released on bail. The court relied on established legal principles that bail should only be denied where there is a...
Source-derived case information.
- Citation
- [2021] KEHC 7707 (KLR)
- Parties
- Applicant: Republic; Respondent: Harun Mburu Nguchu
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 38 of 2020
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- Bail granted to the accused pending trial.
- Judges
- MM Kasango
- Legal Topics
- Bail Application, Murder Charge, Pretrial Release, Compelling Reasons, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Harun Mburu Nguchu
Respondent
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny bail to the accused.
Ratio Decidendi
The court found no compelling reasons to deny bail to the accused. There was no evidence that the accused was likely to commit another offence or interfere with the administration of justice if released on bail. The court relied on established legal principles that bail should only be denied where there is a substantial likelihood of reoffending or interference with justice, and only when such likelihood endangers public safety. The state did not oppose the application, and the victim's family, while still grieving, did not present any objections that would amount to compelling reasons. Accordingly, the accused was granted bail on specified conditions.
Court Disposition
Bail granted to the accused pending trial.
Orders
- The accused shall be released on bond of Kshs. 500,000 with two sureties of similar amount.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO. 38 OF 2020
REPUBLIC..................................................................................PROSECUTOR
VS.
HARUN MBURU NGUCHU............................................................ACCUSED
RULING
1. HARUN MBURU NGUCHU has applied that he be released on bail.
2. The pre-bail probation report shows that the accused is a 32 year old young man, married with six year old child. By the time of his arrest, for the offence of murder, he had separated with his wife because of his excessive consumption of alcohol. Both his parents are deceased. He worked as a mechanic at eastern bypass. His family is not able to post bail for him but his uncles are willing to do so.
3. The victim’s family is still bitter over the death of their kin but they confirm that the deceased and the accused were good friends and the offence of murder occurred when both of them were drunk.
4. Bail application was not opposed by the state.
5. There are no compelling reasons why bail should not be granted to the accused. There is no evidence that the accused is likely to commit an offence while on bail nor is there evidence that he will interfere with administration of justice. A case in point is a Canadian case R. VS. JACQUE, 2008 N LTD184 (CanLII) thus:-
“R. V. MORALES,1992 CanLII 53 (SCC),[1992] 3 S.C.R. 711the Supreme Court of Canada gave guidance to trial judges conducting bail reviews. At page 736 Lamer, C.J.C. stated:- …
At page 737 he went on to say:-
"Bail is not denied for all individuals who pose a risk of committing an offence or interfering with the administration of justice while on bail. Bail is denied only for those who pose a substantial likelihood of committing an offence or interfering with the administration of justice and only where this substantial likelihood endangers the protection or safety of the public. Moreover, detention is justified only when it is necessary for public safety. It is not justified where detention would merely be convenient or advantageous. Such grounds are sufficiently narrow to fulfill the first requirement of just cause under Section 11(e)."
DISPOSITION
6. Harun Mburu Nguchu shall be released pending determination of his trial on condition that he provides bond of Kshs.500,000/= with two sureties of similar amount.
RULING DATEDAND DELIVERED AT KIAMBU THIS 15TH DAY OF APRIL, 2021.
MARY KASANGO
JUDGE
Coram:
C/A: Kevin
Accused: Present
For the Accused: N/A
For the Prosecution: Ms. Kathambi
COURT
Ruling delivered virtually.
MARY KASANGO
JUDGE