[2017] KEHC 6271 (KLR)
The court found that the accused, charged with murder, is constitutionally entitled to bail pending trial unless compelling reasons exist to deny such bail. Upon reviewing the prosecution's witness statements and documents, the court found no compelling reason to deny bail. The court emphasized that any bail...
Source-derived case information.
- Citation
- [2017] KEHC 6271 (KLR)
- Parties
- Respondent: Republic; Applicant: John Mwangi
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 9 of 2016
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- bail granted
- Judges
- DW Mbuteti
- Legal Topics
- Bail Pending Trial, Murder Charge, Constitutional Rights, Compelling Reasons
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
John Mwangi
Applicant
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for the offence of murder.
- 2 Whether there exist compelling reasons to deny the accused bail.
- 3 What are the reasonable conditions for granting bail in this case.
Ratio Decidendi
The court found that the accused, charged with murder, is constitutionally entitled to bail pending trial unless compelling reasons exist to deny such bail. Upon reviewing the prosecution's witness statements and documents, the court found no compelling reason to deny bail. The court emphasized that any bail conditions imposed must be reasonable, as mandated by the Constitution. Consequently, the accused was granted bail on his own cognizance in the sum of KShs 750,000 plus one surety in like sum.
Court Disposition
bail granted
Orders
- The accused shall be admitted to bail upon his own cognizance in the sum of KShs 750,000 plus one surety in like sum.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MURANG’A
CRIMINAL CASE NO 9 OF 2016
REPUBLIC………………………………….PROSECUTOR
VERSUS
JOHN MWANGI…………….……………….......ACCUSED
R U L I N G
1. The Accused in this case, John Mwangi, is charged with murder contrary to section 203 as read with section 204 of the Penal Code. It is alleged in the information dated 20/06/2016 that on 24/05/2016 at 4 pm in Rwathia area within Murang’a County he murdered one Esther Njoki Kihara. On 22/06/2016 he pleaded not guilty to the charge. His trial commenced on 13/03/2017 and is scheduled to continue on 23/10/2017. In the meantime he has applied by notice of motion dated 19/09/2016 to be admitted to bail. The Republic has not opposed the application.
2. Bail pending trial for any criminal offence is now a constitutional right that will be denied only for compelling reason. Any conditions for such bail the court might impose, again by constitutional edict, must be reasonable. See Article 49(1) (h) of the Constitution of Kenya, 2010.
3. I have perused the witness statements and other documents supplied to the Accused and to the court by the prosecution, and I have noted the circumstances in which the alleged offence was committed. I find no compelling reason to deny the Accused bail.
4. I will in the event allow the notice of motion dated 19/09/2016. The Accused shall be admitted to bail upon his own cognizance in the sum of KShs 750,000/00 plus one surety in like sum. It is so ordered.
DATED AND SIGNED AT MURANG’A THIS 27TH DAY OF APRIL 2017
H P G WAWERU
JUDGE
DELIVERED AT MURANG’A THIS 28TH DAY OF APRIL 2017