[2016] KEHC 2623 (KLR)
The court found that there were no compelling reasons presented by the prosecution to deny the accused her constitutional right to bail. The judge considered the witness statements and the circumstances of the alleged offence and concluded that the accused should be admitted to bail on reasonable terms. The...
Source-derived case information.
- Citation
- [2016] KEHC 2623 (KLR)
- Parties
- Respondent: Republic; Applicant: Jane Njoki
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 13 of 2014
- Procedural Posture
- Criminal Case / Bail Application Pending Trial
- Outcome
- application_allowed
- Judges
- DW Mbuteti
- Legal Topics
- Bail Pending Trial, Murder Charge, Constitutional Rights, Compelling Reasons
- 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
Respondent
Jane Njoki
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 there were no compelling reasons presented by the prosecution to deny the accused her constitutional right to bail. The judge considered the witness statements and the circumstances of the alleged offence and 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 her own cognizance with a surety.
Court Disposition
application_allowed
Orders
- The accused shall be admitted to bail upon her own cognizance in the sum of KShs 500,000 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 13 OF 2014
REPUBLIC……………….………………….…………………..PROSECUTOR
VERSUS
JANE NJOKI………………………………………………………….ACCUSED
R U L I N G
1The Accused in this case, Jane Njoki, is charged with murdercontrary to section 203 as read with section 204 of the Penal Code. It is alleged in the information dated 14/05/2014 that between 28th April and 17th May 2014 at an unknown time at Kamune Village, Kamacharia Sub-location within Murang’a County, she murdered one Francis Mwangi Gachanja. She pleaded not guilty and her trial commenced on 19/10/2015. The case shall be further heard on 12/10/2016. The Accused has in the meantime applied by notice of motion dated 25/04/2016 to be admitted to bail pending conclusion of her 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; and any condition for such bail 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 to the court by the prosecution, and have noted the circumstances of the commission of the alleged offence. I find no compelling reason to deny the Accused her constitutional right to bail.
4. In the event. I will allow the notice of motion dated 25/04/2016. The Accused shall be admitted to bail upon her own cognizance in the sum of KShs 500,000/00 pus one surety in like sum. It is so ordered.
DATED AND SIGNED AT MURANG’A THIS 29TH DAY OF SEPTEMBER 2016
H P G WAWERU
JUDGE
DELIVERED AT MURANG’A THIS 30TH DAY OF SEPTEMBER 2016