[2015] KEHC 444 (KLR)
The court found that there were no compelling reasons to deny bail to the accused persons as required under Article 49(1)(h) of the Constitution. The court considered the low income status of the accused, the absence of opposition from the state, and the requirement that bail should not be excessive. The court...
Source-derived case information.
- Citation
- [2015] KEHC 444 (KLR)
- Parties
- Applicant: Republic; Defendant: John Kyai Kikuvu; Defendant: Boniface Musyoka Kyai
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 28 of 2015
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail_granted
- Legal Topics
- Bail Pending Trial, Murder Charge, Constitutional Rights of Accused
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
John Kyai Kikuvu
Defendant
Boniface Musyoka Kyai
Defendant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused persons are entitled to bail pending trial for a charge of murder.
- 2 Whether there are compelling reasons to deny bail to the accused persons under Article 49(1)(h) of the Constitution.
- 3 What is the appropriate amount and conditions for bail given the circumstances of the accused.
Ratio Decidendi
The court found that there were no compelling reasons to deny bail to the accused persons as required under Article 49(1)(h) of the Constitution. The court considered the low income status of the accused, the absence of opposition from the state, and the requirement that bail should not be excessive. The court concluded that the circumstances did not militate against granting bail and that the accused were entitled to reasonable bail terms. Accordingly, the court granted bail to each accused in the sum of Kshs. 300,000 with a surety of a similar amount.
Court Disposition
bail_granted
Orders
- Each accused person is released on bail or bond in the sum of Kshs. 300,000 with a surety of a similar amount.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
CRIMINAL CASE NO. 28 OF 2015
REPUBLIC...........................................................................PROSECUTION
VERSUS
JOHN KYAI KIKUVI ........................................................... 1st ACCUSED
BONIFACE MUSYOKA KYAI.............................................. 2nd ACCUSED
RULING
The accused persons have applied for bail pending trial on charge of murder contrary to section 204 as read with 203 of the Penal Code (Cap 63) Laws of Kenya.
The state does not oppose their application.
The 1st accused in support of his application for bail has stated that he is farmer growing miraa. He earns Kshs.10,000/= per month. He says that he is not married. Finally he has stated that he is twenty five (25) years old.
The 2nd accused stated in support of his application that he is twenty five years old and he works as a labourer in the rural area. According to him he makes kshs.4,000/= per month. His mother is a farmer who grows maize. The applications of both accused persons are brought under Article 49(h) and 51 (I) of the 2010 Constitution. According to Article 49 (1) (h) an accused person has a right to be released on bond or bail on reasonable conditions pending trial unless there is compelling reasons not to be released on bail or bond.
Furthermore under section 123 (2) of the Criminal Procedure Code (Cap 75) Laws of Kenya the amount of bail shall be fixed with due regard to the circumstances of the case and shall not be excessive.
I have considered the applicable law, the circumstances of this case and the reasons advanced by the applicants in support of their applications for release on bail pending hearing and determination of the murder charge against the them. I have also taken into account that the application is not opposed by the state.
After considering the circumstances of the case in the light of the applicable law, I find that there are no circumstances that militate against their release on bail or bond. I also find that the applicants are persons of low income. After considering all these matters I find that this a fit case to grant bail, which I hereby do. Each of the accused persons is released on bail or bond in the sum of Kshs. Three Hundred Thousand ( Kshs.300,000/=) with a surety of a similar amount.
RULING DATED, SIGNEDand DELIVERED in open court at EMBU this 25th day of NOVEMBER, 2015
In the presence of counsel for the state and counsel for the respondent
Court clerk Mr Nyaga
J.M. BWONWONGA
JUDGE
25. 11. 15