[2013] KEHC 1969 (KLR)
The court found that there were no compelling reasons presented by the State to deny the accused bail. The Bail Assessment Report was favourable, indicating the accused's suitability for bail and the willingness of his family to stand surety. The court emphasized the need for bond terms that would ensure the...
Source-derived case information.
- Citation
- [2013] KEHC 1969 (KLR)
- Parties
- Applicant: Republic; Defendant: Isaack Mwita Magena alias Mwita Musa
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Murder Case 89 of 2013
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail_granted
- Judges
- AT Sitati
- Legal Topics
- Bail Application, Murder Charge, Compelling Reasons, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Isaack Mwita Magena alias Mwita Musa
Defendant
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 the accused bail under Article 49(1)(h) of the Constitution.
Ratio Decidendi
The court found that there were no compelling reasons presented by the State to deny the accused bail. The Bail Assessment Report was favourable, indicating the accused's suitability for bail and the willingness of his family to stand surety. The court emphasized the need for bond terms that would ensure the accused's attendance at all court sessions. Consequently, the court exercised its discretion to grant bail, setting conditions that balance the accused's right to liberty with the interests of justice.
Court Disposition
bail_granted
Orders
- The accused may be released on his own bond of Kshs. 1,000,000 with 2 sureties of a like amount.
- Alternatively, the accused may deposit Kshs. 500,000 and provide 2 sureties in the sum of Kshs. 500,000 each.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE (MURDER) NO.89 OF 2013
REPUBLIC .............................................................................PROSECUTOR
VERSUS
ISAACK MWITA MAGENA ALIAS MWITA MUSA ……………… ACCUSED
RULING
The accused person herein, Isaack Mwita Magena alias Mwita Musa is before this court on one count of murder contrary to section 203 as read with section 204of the Penal Code, the particulars being that on the 23rd day of July 2013, at Gibareri village in Maeta Location of Kuria East District within Migori County, he murdered Francis Mwita. He has denied committing the offence and is awaiting trial.
In the meantime, the accused seeks to be released on bail/bond in accordance with the provisions of Article 49 (i) (h)of the Constitution of Kenya 2010.
The State filed a Replying Affidavit dated 18th September 2013 sworn by No.51568 Cpl Francis Kivitu of CID Office, Ntimaru. The deponent says that the State has no compelling reasons why the accused may not be released on bail/bond.
In addition to the Replying Affidavit, the court called for and obtained a Bail Assessment Report which reveals that the accused person seems to be a humble and truthful person and that members of his family are ready and willing to stand surety for him. Though the contents of the Bail Assessment are mere statements which have not been verified by any form of cross-examination, the Report is favourable to the accused. The only caution that this court must exercise is to ensure that the terms of the bond are such as would make the accused attend court each and every time he is required to do so during the pendency of his case.
In the circumstances of this case, this court is satisfied that the accused is a good candidate for bail/bond. Accordingly, I grant the accused bail/bond terms as follows:-
The accused may be released on his own bond of Kshs. One Million (Kshs.1,000,000/=) with 2 sureties of a like amount.
The accused may deposit into court the sum of Kshs. Five Hundred Thousand (Kshs.500,000/=) and provide 2 sureties in the sum of Kshs. Five Hundred Thousand (Kshs.500,000/=) each.
Accused shall attend the Deputy Registrar for the mention of his case once every thirty (30) days pending the hearing and determination of his case or until further orders of this court. Mention on 28/10/2013.
The accused shall remain within the jurisdiction of this court unless a court order permits his absence.
Orders accordingly.
Dated and delivered at Kisii this 27th day of September, 2013
RUTH NEKOYE SITATI
JUDGE
In the presence of:
Miss Cheruiyot for State
Mr. S.M. Sagwe for Accused
Mr. Bibu - Court Clerk