[2022] KEHC 12365 (KLR)
The court found that there were no compelling reasons presented to deny the accused persons bond. The pre-bail reports indicated that both accused persons had family support, and there was no evidence of previous offending behavior or risk of absconding. The victim's family's opposition to bail was noted but did not...
Source-derived case information.
- Citation
- [2022] KEHC 12365 (KLR)
- Parties
- Applicant: Republic; Defendant: Joseph Echabo Ingutia; Defendant: Evalyne Nawire Nyongesa
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E004 of 2022
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- Bond application allowed; accused persons granted bond.
- Judges
- RB Ngetich
- Legal Topics
- Bail and Bond, Compelling Reasons, Murder Charge, Pre Bail Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Joseph Echabo Ingutia
Defendant
Evalyne Nawire Nyongesa
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether the accused persons should be granted bond pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny the accused persons bail.
Ratio Decidendi
The court found that there were no compelling reasons presented to deny the accused persons bond. The pre-bail reports indicated that both accused persons had family support, and there was no evidence of previous offending behavior or risk of absconding. The victim's family's opposition to bail was noted but did not amount to a compelling reason under the law. The constitutional right to bail prevails unless compelling reasons are established, which was not the case here. Therefore, the court allowed the bond application and set reasonable bond terms for both accused persons.
Court Disposition
Bond application allowed; accused persons granted bond.
Orders
- Each accused person may be released on a bond of Kshs. 500,000 with a surety of a similar amount.
Full Case Text
Judgment text and source record
28 paragraphs
Republic v Ingutia & another (Criminal Case E004 of 2022) [2022] KEHC 12365 (KLR) (16 June 2022) (Ruling)
Neutral citation: [2022] KEHC 12365 (KLR)
Republic of Kenya
In the High Court at Kiambu
Criminal Case E004 of 2022
RB Ngetich, J
June 16, 2022
Between
Republic
Prosecution
and
Joseph Echabo Ingutia
1st Accused
Evalyne Nawire Nyongesa
2nd Accused
Ruling
1. The accused persons herein Joseph Echabo Ingutia and Evalyne Nawire Nyongesa were charged with the offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code.
2. Particulars are that, on the 10th day of January, 2022 at Uthiru village in Kabete Sub-county within Kiambu County they murdered one Grace Muthoni.
3. The charge and its full particulars were read over to the accused persons on 2nd February, 2022. They both denied the charge and its particulars and through their respective advocates Mr. Ndungu and Mr. Nduati, they applied for bond.
4. The State Counsel Mr. Gacharia indicated to the court that the State is not opposed to the accused persons being released on bond but urged this Court to consider calling for a pre-bail report before setting bond terms.
5. Mr. Ndungu for the 1st accused submitted he is not opposed to the pre-bail being prepared and submitted to court that the accused can be denied bail if there are compelling reasons.
6. Smilarly Mr. Nduati for the 2nd accused did not opposed bail report being availed to court. He applied to be furnished with the prosecution documents.
7. The pre-bail reports in respect to both accused persons were filed on 6th June 2022; I have perused the report filed on behalf of the 2nd accused.
8. The family of the 2nd accused promised to support her and the father is ready to deposit the title deed in court as security. The family of the 1st accused also promised to support him if released on bond/bail. The father however said they have no security to deposit in court. The victim’s family is opposed to the accused persons being granted bail.
9. The local administration indicated that they do not know the accused but confirm they have never been involved in offending behavior10. Article 49(1)(h) of the Constitution provides as follows:-“An accused person has the right …(h)To be released on bond or bail, on reasonable conditions pending a charge or trial, unless there are compelling reasons not to be released.
11. From the foregoing there is no compelling reason to deny both accused persons bond.
12. Final Orders:1. The application on bond is hereby allowed.2. Each accused persons may be released on a bond of Kshs. 500,000/= with a surety of a similar amount.
RULING DELIVERED, DATED AND SIGNED VIRTUALLY AT KIAMBU THIS 16TH DAY OF JUNE, 2022………………………………RACHEL NGETICHJUDGEIn the Presence of:Kinyua – Court ClerkMr. Nduati for 2nd AccusedMr. Gacharia for StateMs. Annah Ndungu for 1st Accused