[2016] KEHC 1566 (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 such right can only be denied for compelling reasons. Upon reviewing the witness statements and prosecution documents, the court found no compelling reason to deny the accused persons...
Source-derived case information.
- Citation
- [2016] KEHC 1566 (KLR)
- Parties
- Applicant: Republic; Defendant: James Githinji Mwatha; Defendant: Anthony Kericho Gachau
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 34 of 2015
- Procedural Posture
- Criminal Case / Bail Application Pending Trial
- Outcome
- application for bail 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
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
James Githinji Mwatha
Defendant
Anthony Kericho Gachau
Defendant
Procedural Posture
Criminal Case / Bail Application Pending Trial
Legal Issues
- 1 Whether the accused persons are entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there exist compelling reasons to deny the accused persons bail.
- 3 What conditions, if any, should be imposed for the grant of 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 such right can only be denied for compelling reasons. Upon reviewing the witness statements and prosecution documents, the court found no compelling reason to deny the accused persons bail. The prosecution did not oppose the application, and there was no evidence presented to suggest that the accused posed a flight risk, would interfere with witnesses, or otherwise undermine the administration of justice. Therefore, the court allowed the application for bail, setting reasonable conditions for release.
Court Disposition
application for bail allowed
Orders
- Each accused person shall be admitted to bail upon his own cognizance in the sum of KShs 500,000 plus one surety each in like sum.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MURANG’A
CRIMINAL CASE NO 34 OF 2015
REPUBLIC.……………….………………..………...PROSECUTOR
VERSU
1. JAMES GITHINJI MWATHA
2. ANTHONY KERICHO GACHAU………………….ACCUSED
R U L I N G
1. The Accused persons herein are charged with murder contrary to section 203 as read with section 204 of the Penal Code. It is alleged in the information dated 7/10/2015 that on 14/9/2015 at about 19. 00 hours at Maragua Township in Murang’a South Sub-Country within Murang’a Country, jointly with others not before the court, they murdered one Johnson Kihato Mwatha. On 7/10/2015 they pleaded not guilty to the charge. Their trial is yet to commence. They have in the meantime applied by notice of motion dated 9/02/2016 to be admitted to bail pending trial. The Republic does not oppose the application.
2. Bail pending trial is now a constitutional right that will be denied only for compelling reason. Any condition for such bail that the court might impose, again by constitutional edict, must be reasonable. See Article 49(1) (h) of the Constitution of Kenya, 2010.
3. I have perused the witness statements and other documents provided to the Accused persons and to court by the prosecution. I have not found in them any compelling reason to deny the Accused persons bail.
Consequently I will allow the notice of motion dated 9/02/2016. The Accused persons shall each be admitted to bail upon his own cognizance in the sum of KShs 500,000/00 plus one surety each in like sum. It is so ordered.
DATED AND SIGNED AT MURANG’A THIS 21ST DAY OF JULY 2016
H P G WAWERU
JUDGE
DELIVERED AT MURANG’A THIS 29TH DAY OF JULY 2016