[2018] KEHC 4163 (KLR)
The court found no compelling reasons to deny the accused bail, especially since the prosecution did not oppose the application after the testimony of the key witness was taken. The court emphasized the constitutional right to bail and the absence of any evidence suggesting the accused would interfere with witnesses...
Source-derived case information.
- Citation
- [2018] KEHC 4163 (KLR)
- Parties
- Respondent: Republic; Applicant: Jackson Kalengi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 39 of 2018
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail granted with conditions
- Judges
- FM Mutuku
- Legal Topics
- Bail Pending Trial, Murder Charge, Pretrial Release Conditions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Jackson Kalengi
Applicant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused should be granted bail pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny bail to the accused.
Ratio Decidendi
The court found no compelling reasons to deny the accused bail, especially since the prosecution did not oppose the application after the testimony of the key witness was taken. The court emphasized the constitutional right to bail and the absence of any evidence suggesting the accused would interfere with witnesses or abscond. Accordingly, the application for bail was allowed, subject to conditions designed to secure the accused's attendance at trial and to protect the integrity of the proceedings.
Court Disposition
bail granted with conditions
Orders
- The accused shall execute a bond of KES 1,000,000 with one surety of the same amount.
- Alternatively, the accused may pay cash bail of KES 400,000 to be deposited with the Registrar of the High Court.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NUMBER 39 OF 2018
REPUBLIC................................................PROSECUTOR
VERSUS
JACKSON KALENGI.....................................ACCUSED
RULING
Jackson Kalengi who is the accused in this case is charged with murder contrary to Section 2013 as read with Section 204 of the Penal Code. The offence is alleged to have occurred on 18th June 2018 at about 8. 30pm at Kamulu Shopping Centre in Kayole within Nairobi County. The victim of the murder is Dennis Mutalii Maluki, hereinafter called “the deceased”.
The accused has approached this court seeking to be admitted to bail pending the hearing and determination of this case. The accused was arraigned in court on 10th July 2018 to answer to the charged. He denied committing the offence. The state is not opposed to the accused being released on bail but sought to have the evidence of Margaret Mbula Nzioka taken first before the court released the accused on bond. This request was allowed by the court. On 25th July 2018 this court took the evidence of this witness.
I have considered the application and the fact that the prosecution is not opposed to the accused being released on bail. I have no reason to deny the accused bail and I hereby allow the application. The accused shall be released on bail/bond on the following terms and conditions:
(a) The accused shall execute a bond of Kenya Shillings One Million (Kshs 1,000,000) with one surety of the same amount.
(b) In the alternative the accused shall pay cash bail in the amount of Kenya Shillings Four Hundred Thousand (Kshs 400,000) which amount shall be deposited with the Registrar of the High Court.
(c) The accused shall not interfered with the witnesses or in any manner behave in a way that may compromise this trial.
(d) He shall attend court at all times when required to do so until this case is fully heard and determined.
Orders shall issue accordingly.
Delivered, dated and signed today the 30th day of July 2018.
S. N. Mutuku
Judge