[2016] KEHC 6683 (KLR)
The court found that bail pending trial is a constitutional right under Article 49(1)(h) of the Constitution of Kenya, 2010, and that it can only be denied for compelling reasons. Upon reviewing the witness statements and other documents provided by the prosecution, the court did not find any compelling reason to...
Source-derived case information.
- Citation
- [2016] KEHC 6683 (KLR)
- Parties
- Applicant: Republic; Defendant: Jackson Mwangi Wathithi
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 2 of 2012
- Procedural Posture
- Criminal Case / Ruling on Bail Application Pending Trial
- Outcome
- Application for bail pending trial allowed.
- Judges
- DW Mbuteti
- Legal Topics
- Bail Pending Trial, Murder Charge, Compelling Reasons, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Jackson Mwangi Wathithi
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under the Constitution of Kenya, 2010.
- 2 Whether there exist compelling reasons to deny the accused bail.
Ratio Decidendi
The court found that bail pending trial is a constitutional right under Article 49(1)(h) of the Constitution of Kenya, 2010, and that it can only be denied for compelling reasons. Upon reviewing the witness statements and other documents provided by the prosecution, the court did not find any compelling reason to deny the accused bail. The prosecution did not oppose the application. Therefore, the accused was entitled to bail pending trial on reasonable terms.
Court Disposition
Application for bail pending trial allowed.
Orders
- The accused shall be admitted to bail upon his own cognizance in the sum of KShs 300,000.00 plus one surety in like sum.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MURANG’A
CRIMINAL CASE NO 2 OF 2012
(FORMERLY NYERI HIGH COURT CRIMINAL CASE NO 14 OF 2010)
REPUBLIC.………………………....…PROSECUTOR
VERSUS
JACKSON MWANGI WATHITHI………….ACCUSED
R U L I N G
1. The accused herein, Jackson Mwangi Wathithi, is charged with murder contrary to section 203 as read with section 204of thePenal Code. It is alleged in the information dated 14/06/2010 that on 08/04/2010 at Kamahuha Trading Centre in Murang’a South District, jointly with others not before the court, he murdered one Margaret Wambui Kamau. On 15/06/2010 he pleaded not guilty at the High Court, Nyeri. His case was subsequently transferred to this court.
2. The Accused’s trial commenced on 17/02/2014 before my predecessor (Ngaah, J) who took the testimonies of 4 prosecution witnesses. The case is scheduled for further hearing on 01/03/2016.
3. The Accused has in the meantime applied by notice of motion dated 27/08/2015 to be admitted to bail pending conclusion of his trial. The prosecution does not oppose the application.
4. Bail pending trial is now a constitutional right that will be denied only for compelling reason; and any condition for such bail must be reasonable. SeeArticle 149 (1) (a) of the Constitution of Kenya, 2010.
5. I have perused the witness statements and other documents provided to the Accused and to the court by the prosecution. I do not find any compelling reason to deny the Accused bail.
6. In the event I will allow the application. The Accused shall be admitted to bail upon his own cognizance in the sum of KShs 300,000/00 plus one surety in like sum. It is so ordered.
DATED AND SIGNED AT MURANG’A THIS 25TH DAY OF FEBRUARY 2016
H.P.G. WAWERU
JUDGE
DELIVERED AT MURANG’A THIS 26TH DAY OF FEBRUARY 2016