[2019] KEHC 3440 (KLR)
The court found that the prosecution failed to provide compelling reasons to deny bail. The fears of witness interference and absconding were not substantiated, particularly as it was unclear whether the accused had actually escaped from lawful custody. The accused's fixed abode, employment, and family support were...
Source-derived case information.
- Citation
- [2019] KEHC 3440 (KLR)
- Parties
- Respondent: Republic; Applicant: John Kabachia Muturi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 25 of 2019
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail_granted
- Judges
- FM Mutuku
- Legal Topics
- Bail Pending Trial, Murder Charge, Compelling Reasons, Witness Interference, Absconding Risk
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
John Kabachia Muturi
Applicant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for a murder charge.
- 2 Whether the prosecution has demonstrated compelling reasons to deny bail, including risk of witness interference or absconding.
Ratio Decidendi
The court found that the prosecution failed to provide compelling reasons to deny bail. The fears of witness interference and absconding were not substantiated, particularly as it was unclear whether the accused had actually escaped from lawful custody. The accused's fixed abode, employment, and family support were considered, and the court determined that appropriate bail terms and conditions could mitigate the prosecution's concerns. Consequently, the accused was granted bail with strict conditions to ensure attendance and non-interference with witnesses.
Court Disposition
bail_granted
Orders
- The accused shall execute a bond of KES 800,000 with one surety of the same amount.
- Alternatively, the accused may deposit cash bail of KES 300,000 with the Registrar of the court.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL CASE NO. 25 OF 2019
REPUBLIC..................................................................PROSECUTOR
VERSUS
JOHN KABACHIA MUTURI...........................................ACCUSED
RULING
John Kabachia Muturi, the accused, is charged with murder contrary to section 203 as read with section 204 of the Penal Code. It is stated in the particulars of the offence that the accused murdered Jane Muringi Kariuki, the deceased, on 7th day of April 2019 at Kariobangi South in Njiru Sub-County within Nairobi County. The accused pleaded not guilty to this charge.
Through his lawyer, Mrs. Omung’ala, the accused has approached this court seeking to be admitted to bail pending the hearing and determination of this case. Through an oral application and submissions this court was told that the accused has a fixed abode in Mukurueni Nyeri where his parents live and that he has a job in Nairobi. It was submitted that the accused’s passport together with accused’s other personal documents are in the custody of the police. It was further submitted that the accused takes care of his parents and siblings as well as taking care of orphans in Mukurueni Nyeri.
In an affidavit filed on 12th June 2019, the prosecution states that the accused knows the witnesses in this case because they reside in the same area and therefore there is likelihood of his interfering with them. It was also stated that the accused fled from lawful custody after his arrest and therefore there is likelihood of him absconding. To this point the defence submitted that the accused did not flee from lawful custody but was released by the police pending investigations and was later re-arrested.
This court called for a pre-bail report from the Probation Officer. The report was filed on 13th June 2019. I have read the report. The family of the accused is supportive of him but the family of the deceased exhibited desire to have the accused remain in custody.
Bail is a right that can be limited where compelling reasons exist. I have considered this application. I appreciate the fear expressed by the prosecution to the effect that the accused, if released on bond, may interfere with witnesses. I have also considered the fear expressed by the prosecution that the accused may abscond. It does not come out clearly whether indeed the accused escaped from lawful custody. It is my finding therefore that the prosecution has failed to provide compelling reasons to warrant denial of bond to the accused person. I hereby do grant the application and admit the accused to bail on the following terms and conditions:
a) That the accused shall execute a bond of eight hundred thousand shillings (Ksh 800,000) with one surety of that amount.
b) That the accused shall, in the alternative, deposit with the Registrar of this court cash bail in the sum of three hundred thousand (Kshs 300,000).
c) That the accused is cautioned against approaching or in any other manner contacting the witnesses or doing anything that may jeopardize this trial.
Orders shall issue accordingly.
Dated, signed and delivered this 26th September 2019.
S. N. Mutuku
Judge