[2018] KEHC 2794 (KLR)
The court found that the accused, charged with murder, is constitutionally entitled to bail pending trial unless compelling reasons are shown to deny such bail. The prosecution did not object to the application for bail and no compelling reasons were presented in the witness statements or documentary evidence to...
Source-derived case information.
- Citation
- [2018] KEHC 2794 (KLR)
- Parties
- Respondent: Republic; Applicant: Hussein Musa Bulge
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 15 of 2018
- Procedural Posture
- Criminal Case / Ruling on Bail Pending Trial
- Outcome
- Bail granted to the accused pending trial.
- Judges
- DW Mbuteti
- Legal Topics
- Bail Pending Trial, Murder Charge, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Hussein Musa Bulge
Applicant
Procedural Posture
Criminal Case / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for a charge of murder.
- 2 Whether there exist compelling reasons to deny bail to the accused.
Ratio Decidendi
The court found that the accused, charged with murder, is constitutionally entitled to bail pending trial unless compelling reasons are shown to deny such bail. The prosecution did not object to the application for bail and no compelling reasons were presented in the witness statements or documentary evidence to justify denial. The court therefore admitted the accused to bail on reasonable terms, upholding the constitutional right to bail as enshrined in Article 49(1)(h) of the Constitution of Kenya, 2010.
Court Disposition
Bail granted to the accused pending trial.
Orders
- The accused shall be released upon his own cognizance in the sum of KShs 500,000 plus one surety in like sum.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT NANYUKI
CRIMINAL CASE NO 15 OF 2018
REPUBLIC........................................PROSECUTOR
VERSUS
HUSSEIN MUSA BULGE.......................ACCUSED
RULING ON BAIL
1. The Accused in this case, Hussein Musa Bulge, is charged with murder contrary to section 203 as read with section 204 of the Penal Code. It is alleged in the information dated 12/09/2018 that on 31/08/2018 at Wiyumiririe area of Laikipia Central Sub-County in Laikipia County, he murdered one Francis Gitu Mathenge.
2. On 24/10/2018 the Accused pleaded not guilty to the charge. His trial is scheduled to commence on 28/01/2019. He has sought to be admitted to bail in the meantime. The prosecution has no objection.
3. Bail pending trial is now a constitutional right for all criminal offences that will be denied only for compelling reason. Any condition for such bail, again by constitutional edict, must be reasonable. For all this see Article 49(1) (h) of the Constitution of Kenya, 2010.
4. As already pointed out, the prosecution has no objection to the Accused being admitted to bail. I have perused the witness statements and documentary evidence supplied to the Accused and to the court by the prosecution. I find nothing therein to warrant denying the Accused his constitutional right to bail pending his trial.
5. I will in the circumstances admit the Accused to bail. He shall be released upon his own cognizance in the sum of KShs 500,000/00 plus one surety in like sum. It is so ordered.
DATED AND SIGNED AT NANYUKI THIS 30TH DAY OF OCTOBER 2018
H P G WAWERU
JUDGE
DELIVERED AT NANYUKI THIS 1ST DAY OF NOVEMBER 2018