[2017] KEHC 6693 (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 there were no compelling reasons presented by the prosecution to deny the accused bail. After reviewing the witness statements and circumstances of the alleged offence, the court...
Source-derived case information.
- Citation
- [2017] KEHC 6693 (KLR)
- Parties
- Respondent: Republic; Applicant: James Maina Mwangi
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 11 of 2016
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- bail granted
- Judges
- DW Mbuteti
- Legal Topics
- Bail Pending Trial, Murder Charge, Constitutional Rights
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
James Maina Mwangi
Applicant
Procedural Posture
Bail Application / Ruling on Bail 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.
- 3 What are the reasonable conditions for bail in this case.
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 there were no compelling reasons presented by the prosecution to deny the accused bail. After reviewing the witness statements and circumstances of the alleged offence, the court concluded that the accused should be admitted to bail on reasonable terms. The application for bail was therefore allowed, and the accused was admitted to bail upon his own cognizance in the sum of KShs 500,000 plus one surety in like sum.
Court Disposition
bail granted
Orders
- The accused shall be admitted to bail upon his own cognizance in the sum of KShs 500,000 plus one surety in like sum.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MURANG’A
CRIMINAL CASE NO 11 OF 2016
REPUBLIC………………………………………..PROSECUTOR
VERSUS
JAMES MAINA MWANGI….……..….................…….ACCUSED
R U L I N G
1. The Accused in this case, James Maina 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 04/07/2016 that on 22/06/2016 within Gatharaini Village, Mathioya Sub-County of Murang’a County he murdered his mother Esther Mugure Mwangi. On 13/07/2016 he pleaded not guilty to the charge. His trial is scheduled to commence on 11/04/2017. In the meantime he has applied by notice of motion dated 07/09/2016 to be admitted to bail. The Republic has not opposed the application.
2. Bail pending trial for any offence is now a constitutional right that will be denied only for compelling reason. Any conditions for such bail 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 supplied to the Accused and to the court by the prosecution, and I have noted the circumstances in which the alleged offence was committed. I find no compelling reason to deny the Accused bail.
4. I will in the event allow the notice of motion dated 07/09/2016. The Accused shall be admitted to bail upon his own cognizance in the sum of KShs 500,000/00 plus one surety in like sum. It is so ordered.
DATED AND SIGNED AT MURANG’A THIS 29TH DAY OF MARCH 2017
H P G WAWERU
JUDGE
DELIVERED AT MURANG’A THIS 31ST DAY OF MARCH 2017