[2014] KEHC 7059 (KLR)
The court found that the right to bail is constitutionally guaranteed unless the State demonstrates compelling reasons to deny it. Upon reviewing the replying affidavit and submissions, the court determined that the State had not provided sufficient evidence of compelling reasons such as risk of interference with...
Source-derived case information.
- Citation
- [2014] KEHC 7059 (KLR)
- Parties
- Applicant: Jane Muthoni Irungu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 72 of 2013
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- Application for bail allowed.
- Judges
- CC Kipkorir
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Presumption of Innocence
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Jane Muthoni Irungu
Applicant
Republic
Respondent
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the applicant is entitled to bail pending trial under Article 49(i)(h) of the Constitution.
- 2 Whether the State has demonstrated compelling reasons to deny bail to the applicant.
Ratio Decidendi
The court found that the right to bail is constitutionally guaranteed unless the State demonstrates compelling reasons to deny it. Upon reviewing the replying affidavit and submissions, the court determined that the State had not provided sufficient evidence of compelling reasons such as risk of interference with witnesses or flight risk. Therefore, the applicant was entitled to bail pending trial, subject to conditions to ensure her attendance and non-interference with witnesses.
Court Disposition
Application for bail allowed.
Orders
- The accused shall pay a cash bail of KShs.1,000,000 or execute a personal bond of KShs.1,000,000 with two sureties of like amount.
- The accused shall report to the CID Nakuru once every two weeks until further orders of the court.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO.72 OF 2013
REPUBLIC....................................................RESPONDENT
VERSUS
JANE MUTHONI IRUNGU……..…......................APPLICANT
RULING
The accused, Jane Muthoni Irungu is charged with the murder of Gladys Njeri. The offence was allegedly committed on 15th June 2013 at Sachangwan Village, Nakuru County. The accused now seeks to be released on bail pending trial. By notice of motion dated 29th August 2013 she states that the offence with which he is charged is bailable, under Article 49 (i) (h) of the Constitution; that she has a constitutional right to be presumed innocent until proved guilty; that she will attend her trial and that she was in need of medical attention owing to her diabetic and hypertensive condition.
The stated through the replying affidavit of Cpl. Cheramboss (the Investigating Officer) and the submissions of Mr. Konga (the prosecuting counsel), opposed the application on the grounds that the applicant is accused of a grave offence of murder; that the applicant may interfere with and intimidate witnesses and may be a flight risk.
I have considered the application. Bail is a constitutional right provided by Article 49 (i) h of the Constitution. This right may however be curtailed by the court where there are compelling reasons. It is the state’s duty to demonstrate to the court the existence of any compelling reasons, within the meaning of Article49(i) h.
Having carefully considered the Replying Affidavit and the submissions of prosecuting counsel, I find that the State has not demonstrated the existence of compelling reasons to deny the applicant bail.
I allow the application and order that the accused
Pay a cash bail of KShs.1,000,000/- or in the alternative execute a personal bond of KShs.1,000,000 with 2 sureties of like amount.
Report to the CID Nakuru once every 2 weeks until further orders of this court.
Shall not in any way either by self or proxy contact, communicate with, or in any manner whatsoever interfere with prosecution witnesses.
Attend monthly mentions before the Deputy Registrar of the court. The first of such mention shall be on 13th March, 2014.
Orders accordingly.
Ruling delivered, dated and signed at Nairobi this 11th day of February, 2014
R. LAGAT - KORIR
JUDGE
In the presence of:
…………………………….: Court clerk
……………………………: Applicant
……………………………: For the applicant
…………………………….: For the State/respondent