Kenya Judgment

High Court · High Court at Murang'a

Republic v James Mwangi Maina [2017] KEHC 1211 (KLR)

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Research organized from the available case record

Source document

01

Holding and result

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.

02

Material facts

Parties

Republic

Respondent

James Mwangi Maina

Applicant

Amounts and remedies

  • Bail Amount: KES 300,000

03

Procedural history

  1. Posture

    Criminal Case / Bail Application Pending Trial

04

Questions and positions

Legal issues

Party arguments

Applicant
The accused applied to be admitted to bail pending trial. No compelling reasons were advanced to deny him bail.
Respondent
The Republic did not object to the accused being admitted to bail.

05

Court’s reasoning

  1. 01

    Article 49(1)(h) of the Constitution of Kenya, 2010

    Bail pending trial is a constitutional right that can only be denied for compelling reasons, and any conditions imposed must be reasonable.

  2. 02

    Judicial practice; Penal Code sections 203, 204

    The court must consider witness statements and prosecution documents to determine if compelling reasons exist to deny bail.

06

Ratio, limits and disposition

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

  • The accused shall be admitted to bail upon his own cognizance in the sum of KShs 300,000 and one surety in like sum.

Source and reliance status

High Court

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Judgment text

The complete available source text.

Source document

High Court

Judgment

[2017] KEHC 1211 (KLR)

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

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Constitution of Kenya, 2010 Article 49(1)(h)

Legislation

Legislation referenced in the available case record.

Penal Code sections 203, 204

Legislation

Legislation referenced in the available case record.

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