[2021] KEHC 6301 (KLR)
The court found that there were no compelling reasons to deny the accused, John Kamau Njoki, bail pending trial. The prosecution did not oppose the application, and the pre-bail report indicated the accused had no prior criminal record or history of absconding. The court reiterated that the primary purpose of bail...
Source-derived case information.
- Citation
- [2021] KEHC 6301 (KLR)
- Parties
- Respondent: Republic; Applicant: John Kamau Njoki
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E008 of 2021
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail_granted
- Judges
- MM Kasango
- Legal Topics
- Bail Pending Trial, Murder Charge, Pre Bail Report, Compelling Reasons, Bond Conditions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
John Kamau Njoki
Applicant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for a charge of murder.
- 2 Whether there are compelling reasons to deny the accused bail.
Ratio Decidendi
The court found that there were no compelling reasons to deny the accused, John Kamau Njoki, bail pending trial. The prosecution did not oppose the application, and the pre-bail report indicated the accused had no prior criminal record or history of absconding. The court reiterated that the primary purpose of bail is to secure the accused's attendance at trial, and while the seriousness of the offence is a factor, it is not in itself a compelling reason to deny bail. Accordingly, the accused was granted bail with conditions to ensure he does not interfere with witnesses.
Court Disposition
bail_granted
Orders
- John Kamau Njoki is hereby released on a bond of Kshs.500,000 with two sureties of similar amount.
- John Kamau Njoki is released on bond on condition that he shall not interfere or contact the prosecution’s witnesses pending trial.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO. E008 OF 2021
REPUBLIC.....................................................................PROSECUTOR
VS
JOHN KAMAU NJOKI.........................................................ACCUSED
RULING
1. JOHN KAMAU NJOKIhas applied that he be granted bail/bond pending his trial. He was charged with offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. He pleaded not guilty.
2. I have received the probation pre-bail report. It shows accused has not had previous conflict with the law. He was raised by a single mother alongside his siblings. He was unable to progress in education further than standard 4 due to financial constraint. He was estranged from his wife at the time of his arrest. They were blessed in that union with one child.
3. Stephen Kasyoka the prosecution counsel for Director of Public Prosecutions did not oppose the bail application.
4. The main function of granting bail is to ensure an accused person does attend trial. This was stated in the case of REPUBLIC VS. ROBERT ZIPPOR NZILLU (2018) eKLR thus:-
“10. Gravity of the offence as a consideration was appreciated byMbogholi Msagha, JinCRIMINAL APPLICATION NO. 319 OF 2002 PRISCILLA JEMUTAI KOLONGE VS. REPUBLIC(unreported) at page 3, wherein he held as follows:-
‘However, the nature of the charge or offence and the seriousness of the punishment if the applicant is found guilty must be considered in applications of this nature. I subscribe to the observation that where the charge against the accused is more serious and punishment heavy, there are more probabilities and incentive to abscond, whereas in case of minor offences.’”
DISPOSITION
5. There being no compelling reason to deny accused bail pending trial, I grant the following orders:-
(a) John Kamau Njoki is hereby released on a bond of Kshs.500,000/= with two sureties of similar amount.
(b) John Kamau Njoki is released on bond on condition that he shall not interfere or contact the prosecution’s witnesses pending trial.
RULING DATED, SIGNED AND DELIVERED AT KIAMBU THIS 10TH DAY OF JUNE, 2021.
MARY KASANGO
JUDGE
Coram:
Court Assistant :Ndege
Accused : Present
Applicant/accused: Ms. Kyalo
Respondent/prosecutor: Mr. Kasyoka
COURT
Ruling delivered virtually.
MARY KASANGO
JUDGE