[2021] KEHC 1726 (KLR)
The court found that the prosecution did not oppose the bail application and no compelling reasons were presented either by the prosecution or in the pre-bail report. In the absence of such reasons, and in line with the constitutional right to bail, the accused was entitled to be released on reasonable terms. The...
Source-derived case information.
- Citation
- [2021] KEHC 1726 (KLR)
- Parties
- Respondent: Republic; Accused: John Mburu Mbugua
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E014 of 2021
- Procedural Posture
- Criminal Case / Ruling on Bail Application Pending Trial
- Outcome
- bail granted on specified terms
- Legal Topics
- Bail Pending Trial, Murder Charge, Compelling Reasons, Right to Bail
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
John Mburu Mbugua
Accused
Procedural Posture
Criminal Case / Ruling on Bail Application Pending Trial
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 the prosecution did not oppose the bail application and no compelling reasons were presented either by the prosecution or in the pre-bail report. In the absence of such reasons, and in line with the constitutional right to bail, the accused was entitled to be released on reasonable terms. The court therefore granted bail, setting the terms as a cash bail of Kshs. 250,000 or a bond of Kshs. 500,000 with one surety of a similar amount, subject to approval by the Deputy Registrar. The accused was warned that failure to attend court would result in immediate cancellation of bail or bond and re-arrest.
Court Disposition
bail granted on specified terms
Orders
- The accused be released upon payment of a cash bail of Kshs. 250,000.
- Alternatively, the accused may be released on a bond of Kshs. 500,000 plus one surety of similar amount.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIVASHA
CRIMINAL CASE NO. E014 OF 2021
REPUBLIC..............................................PROSECUTOR
-VERSUS-
JOHN MBURU MBUGUA...........................ACCUSSED
RULING
1. The Accused herein has been charged with murder contrary to Section 203 as read with Section 204 of the Penal code. The particulars are that on the 10th day of August, 2021 at Ihindu area in Naivasha Sub County within Nakuru County, he murderedStanford Mbugua Mburu.
2. On 4th November, 2021, counsel for the Accused Mr. Gichukimade an oral application seeking to have the Accused released on bond pending trial. He submitted that the Accused is not a flight risk and his mother is ready to put in reasonable security.
3. Ms. Maingi for the Prosecution did not oppose the application. He submitted that there are no compelling reasons to warrant the Accused being denied bond but prayed for bond with a surety.
4. Article 49(1) (h)of the Constitution entrenches the right of an arrested person to be released on bond or bail pending a charge or trial on reasonable terms, unless there are compelling reasons to warrant refusal. Considering that the bail application is not opposed and no compelling reasons have been alluded to either by the Prosecution or in the Pre-bail Report filed in this court, I hereby grant him bail on the following terms:-
i. The Accused be released upon payment of a cash bail of Kshs. 250,000/=.
ii. Alternatively, the Accused may be released on a bond of Kshs. 500,000/= plus one surety of similar amount.
iii. The surety shall be approved by the Deputy Registrar of this Court.
iv.The Accused is warned that if he fails to attend court for his trial, he will be re-arrested and his bail/bond shall be cancelled immediately.
DATED AT NAIVASHA THIS 18TH DAY OF NOVEMBER, 2021.
G.W.NGENYE-MACHARIA
JUDGE
In the presence of;
1. Mr. Gichuki for the Appellant.
2. Mr. Maingi for the Prosecution.