[2018] KEHC 8030 (KLR)
The court found that although the charge against the accused is grave and attracts the death sentence upon conviction, there were no compelling reasons presented by the prosecution to deny bail. The applicant's affidavit did not address whether he would attend trial, but the State did not oppose bail. The court,...
Source-derived case information.
- Citation
- [2018] KEHC 8030 (KLR)
- Parties
- Respondent: Republic; Applicant: Joel Muthui Mwasya
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 4 of 2017
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail_granted
- Judges
- LN Mutende
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Pretrial Release, Constitutional Rights
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Joel Muthui Mwasya
Applicant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under Article 49(1) of the Constitution.
- 2 Whether there are compelling reasons to deny the accused bail.
- 3 Whether the accused is likely to attend trial if released on bail.
Ratio Decidendi
The court found that although the charge against the accused is grave and attracts the death sentence upon conviction, there were no compelling reasons presented by the prosecution to deny bail. The applicant's affidavit did not address whether he would attend trial, but the State did not oppose bail. The court, therefore, exercised its discretion to grant bail, setting the amount at Kshs. 2 million with a surety of a similar sum, in accordance with the constitutional right to bail and the absence of compelling reasons to deny it.
Court Disposition
bail_granted
Orders
- The accused is granted bail of Kshs. 2 million with a surety in a similar sum.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITUI
CRIMINAL CASE NO. 4 OF 2017
REPUBLIC……………………..PROSECUTOR
VERSUS
JOEL MUTHUI MWASYA..…….......ACCUSED
R U L I N G
1. Joel Muthui Mwasya,the Accused/Applicant, seeks to be released on bail pending trial. The application is premised on grounds that he is entitled to reasonable conditions of bail under Article 49(1)of the Constitution.That there are no compelling reasons why he should not be released on bail; he is a young man aged 27 years old; the prison is not favourable to a person of his age; he has a home and domestic animals therefore he needs to protect his property.
2. When the matter came up for hearing learned State Counsel Mr. Mambatold the Court that there were no compelling reasons to deter the Applicant from being released on bail.
3. The primary consideration in determining whether or not an Accused should be released on bail is whether the person will turn up for trial (See Watoro vs. Republic (1991) KLR 220).
There are also other factors that the Court should consider namely:
The nature of the charge.
Strength of the Prosecution’s case.
The likelihood of the Accused to interfere with witnesses.
Gravity of the punishment in the event of a conviction. (See Republic vs. Danson Mgunya & Another (2010) eKLR).
4. The charge is grave as it attracts death sentence upon conviction. The affidavit deponed by the Applicant is silent on whether he will turn up for trial. He has only addressed the issue of his arrest and how he intends to reorganize his life and get married.
5. In the premises, I grant him bail of Kshs. 2 Millionwith surety in a similar sum.
6. It is so ordered.
Dated, Signed and Deliveredat Kitui this 15thday of February,2018.
L. N. MUTENDE
JUDGE