[2017] KEHC 863 (KLR)
The court held that bail pending trial is a constitutional right under Article 49(1)(h) of the Constitution of Kenya, 2010, and may only be denied if there are compelling reasons. After reviewing the prosecution's materials and noting the lack of opposition from the Republic, the court found no compelling reason to...
Source-derived case information.
- Citation
- [2017] KEHC 863 (KLR)
- Parties
- Applicant: Republic; Defendant: Isaiah Irungu Mwangi
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 30 of 2012
- Procedural Posture
- Criminal Case / Bail Application Pending Trial
- Outcome
- application_allowed
- Judges
- DW Mbuteti
- Legal Topics
- Bail Pending Trial, Murder Charge, Compelling Reasons, Constitutional Rights, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Isaiah Irungu Mwangi
Defendant
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 the accused bail as required by the Constitution.
Ratio Decidendi
The court held that bail pending trial is a constitutional right under Article 49(1)(h) of the Constitution of Kenya, 2010, and may only be denied if there are compelling reasons. After reviewing the prosecution's materials and noting the lack of opposition from the Republic, the court found no compelling reason to deny the accused bail. The court therefore allowed the application and admitted the accused to bail on his own cognizance with a surety.
Court Disposition
application_allowed
Orders
- The accused is admitted to bail upon his own cognizance in the sum of KShs 100,000.00 and one surety in like sum.
Full Case Text
Judgment text and source record
16 paragraphs
IN THE HIGH COURT OF KENYA AT MURANG’A
CRIMINAL CASE NO 30 OF 2012
(FORMERLY NYERI HC CR CASE NO 50 OF 2010)
REPUBLIC...........................................................PROSECUTOR
VERSUS
ISAIAH IRUNGU MWANGI.............................................ACCUSED
R U L I N G
1. The AccusedIsaiah Irungu Mwangi is charged with murder contrary to section 203 as read with section 204 of the Penal Code. It is alleged in the information dated 22/12/2010 that on 12/12/2010 at Ichagaki Trading Centre within Murang’a South District of Central Province, he murdered one Peter Muchoki Mburu.
2. On 14/02/2011 the Accused pleaded not guilty to the charge at the High Court at Nyeri. The case was subsequently transferred to this court. Eventually the trial started. So far only one prosecution witness has testified. The case is scheduled for further hearing on 23/10/2017. In the meantime the Accused has applied by notice of motion dated 12/04/2017 to be admitted to bail.
3. Bail pending trial is now a constitutional right that will be denied only for compelling reason. Any conditions that the court might impose for such bail, again by constitutional edict, must be reasonable. See Article 49(1) (h) of the Constitution of Kenya, 2010.
4. The Republic does not oppose the Accused’s release on bail. I have also perused the witness statements and other documents supplied to the Accused and to the court by the prosecution. I do not find any compelling reason to deny the Accused bail.
5. In the circumstances I will allow the application and admit the Accused to bail. He shall be released upon his own cognizance in the sum of KShs 100,000/00 and one surety in like sum. It is so ordered.
DATED AND SIGNED AT MURANG’A THIS 13TH DAY OF JULY 2017
H P G WAWERU
JUDGE
DELIVERED AT MURANG’A THIS 14TH DAY OF JULY 2017