[2017] KEHC 7241 (KLR)
The court found that there were no compelling reasons to deny the accused bail after perusing the witness statements and other documents supplied by the prosecution. The constitutional right to bail, as provided under Article 49(1)(h) of the Constitution of Kenya, 2010, requires that bail be granted unless...
Source-derived case information.
- Citation
- [2017] KEHC 7241 (KLR)
- Parties
- Respondent: Republic; Applicant: Hillary Nyatodo Oyugi
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 20 of 2016
- Procedural Posture
- Criminal Case / Bail Application Pending Trial
- Outcome
- Application for bail allowed. Accused admitted to bail pending trial.
- Judges
- DW Mbuteti
- Legal Topics
- Bail Pending Trial, Murder Charge, Compelling Reasons, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Hillary Nyatodo Oyugi
Applicant
Procedural Posture
Criminal Case / Bail Application Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for the offence of murder.
- 2 Whether there exist compelling reasons to deny bail to the accused person.
Ratio Decidendi
The court found that there were no compelling reasons to deny the accused bail after perusing the witness statements and other documents supplied by the prosecution. The constitutional right to bail, as provided under Article 49(1)(h) of the Constitution of Kenya, 2010, requires that bail be granted unless compelling reasons are shown. Since the prosecution did not oppose the application and no such reasons were presented, the accused was entitled to bail pending trial.
Court Disposition
Application for bail allowed. Accused admitted to bail pending trial.
Orders
- The accused shall be released upon his own cognizance in the sum of KShs 300,000.00 plus one surety in like sum.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MURANG’A
CRIMINAL CASE NO 20 OF 2016
REPUBLIC…………………..….PROSECUTOR
VERSUS
HILLARY NYATODO OYUGI………..ACCUSED
R U L I N G
1. The Accused herein, Hillary Nyatodo Oyugi, is charged with murder contrary to sction 203 as read with section 204 of the Penal Code. It is alleged in the information dated 14/09/2016 that on 02/11/2014 in Ngaturi Town within Murang’a County he murdered one Julius Karanja Mwangi.
2. On 25/11/2016 the Accused pleaded not guilty to the charge. His trial is scheduled to commence on 26/09/2017. He has in the meantime applied to be admitted to bail by notice of motion dated 09/11/2016. The Republic does not oppose the application and has not filed any replying affidavit.
3. Bail pending trial is now a constitutional right that will be denied only for compelling reason. Any condition that the court may impose for such bail, again by constitutional edict, must be reasonable. See Article 49 (1) (h) of the Constitution of Kenya, 2010.
4. I have perused the witness statements and other documents supplied to the Accused person and to the court by the prosecution. I do not find any compelling reason to deny the Accused bail.
5. I will in the event allow the application and admit the Accused to bail pending his trial. He shall be released upon his own cognizance in the sum of KShs 300,000/00 plus one surety in like sum. It is so ordered.
DATED AND SIGNED AT MURANG’A THIS 9TH DAY OF MARCH 2017
H P G WAWERU
JUDGE
DELIVERED AT MURANG’A THIS 10TH DAY OF MARCH 2017