[2022] KEHC 11667 (KLR)
The court found that there was nothing in the witness statements or documentary evidence provided by the prosecution that would justify denying the accused his constitutional right to bail. The prosecution did not object to the bail application, and no compelling reasons were presented to warrant the accused's...
Source-derived case information.
- Citation
- [2022] KEHC 11667 (KLR)
- Parties
- Applicant: Republic; Defendant: Timothy Indwale
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E004 of 2022
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- Bail granted to the accused pending trial.
- Judges
- HPG Waweru
- 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
Applicant
Timothy Indwale
Defendant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under the Constitution.
- 2 Whether there are any compelling reasons to deny bail to the accused.
Ratio Decidendi
The court found that there was nothing in the witness statements or documentary evidence provided by the prosecution that would justify denying the accused his constitutional right to bail. The prosecution did not object to the bail application, and no compelling reasons were presented to warrant the accused's continued detention pending trial. Therefore, the accused was entitled to bail on reasonable terms.
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
19 paragraphs
Republic v Indwale (Criminal Case E004 of 2022) [2022] KEHC 11667 (KLR) (27 July 2022) (Ruling)
Neutral citation: [2022] KEHC 11667 (KLR)
Republic of Kenya
In the High Court at Nanyuki
Criminal Case E004 of 2022
HPG Waweru, J
July 27, 2022
Between
Republic
Prosecutor
and
Timothy Indwale
Accused
Ruling
1. The Accused herein, Timothy Indwale, is charged with murder contrary to sections 203 and 204 of the Penal Code. It is alleged in the information dated May 16, 2022 that on October 19, 2020 at Sereolipi Shopping Center within Samburu East Sub-County of Samburu County, he murdered one Lkulois Lepartngat.
2. On July 25, 2022 the Accused pleaded not guilty to the charge. Trial of his case is scheduled to commence on November 9, 2022. In the meantime he has asserted his constitutional right to bail pending the trial. The Republic has no objection.
3. I have perused the witness statements and documentary evidence, copies of which were supplied to the Accused and the court by the prosecution. I do not find anything therein that militates against the Accused’s constitutional right to bail pending his trial.
4. I will in the event grant the Accused 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 26TH DAY OF JULY 2022. H P G WAWERUJUDGEDELIVERED AT NANYUKI THIS 27TH DAY OF JULY 2022.