[2017] KEHC 1211 (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 prosecution documents, the court found no compelling reason to deny the accused bail. The...
Source-derived case information.
- Citation
- [2017] KEHC 1211 (KLR)
- Parties
- Respondent: Republic; Applicant: James Mwangi Maina
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 8 of 2016
- Procedural Posture
- Criminal Case / Bail Application Pending Trial
- Outcome
- application for bail allowed
- Judges
- DW Mbuteti
- Legal Topics
- Bail Pending Trial, Murder Charge, Constitutional Rights, Compelling Reasons
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
James Mwangi Maina
Applicant
Procedural Posture
Criminal Case / Bail Application Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 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 prosecution documents, the court found no compelling reason to deny the accused bail. The Republic did not object to the application. Therefore, the accused was entitled to bail on reasonable terms.
Court Disposition
application for bail allowed
Orders
- The accused shall be admitted to bail upon his own cognizance in the sum of KShs 300,000 and 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 8 OF 2016
REPUBLIC...........................................PROSECUTOR
VERSUS
JAMES MWANGI MAINA...........................ACCUSED
R U L I N G
1. The Accused James Mwangi Maina is charged with murdercontrary to section 203 as read with section 204 of the Penal Code. It is alleged in the information dated 09/06/2016 that in the night of 21st and 22nd May 2016 at Gakuya Village, Murarandia Location in Kahuro Sub-County within Murang’a County, he murdered one Zacharia Waiharo Maina. On 22/06/2016 he pleaded not guilty to the charge. His trial commenced on 13/03/2017 and is scheduled to continue on 02/07/2018. He has in the meantime applied by notice of motion dated 06/06/2017 to be admitted to bail. The Republic has no objection.
2. Bail pending trial is now a constitutional right that will be denied only for compelling reason; and 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.
3. I have read the witness statements and other documents provided to the Accused and the court by the prosecution. I do not find any compelling reason to deny the Accused bail.
4. I will in the circumstances allow the application. The Accused shall be admitted to bail upon his own cognizance in the sum of KShs 300,000/00 and one surety in like sum. It is so ordered.
DATED AND SIGNED AT MURANG’A THIS 21ST DAY OF DECEMBER 2017
H P G WAWERU
JUDGE
DELIVERED AT MURANG’A THIS 22ND DAY OF DECEMBER 2017