[2021] KEHC 6550 (KLR)
The court found that the Constitution guarantees the right to bail or bond for an accused person unless compelling reasons are shown. In this case, the State did not oppose the application and did not present any compelling reasons to deny bail. Therefore, the accused is entitled to be released on bond with...
Source-derived case information.
- Citation
- [2021] KEHC 6550 (KLR)
- Parties
- Respondent: Republic; Applicant: John Mwangi Karitu
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 45 of 2020
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail_granted
- Judges
- MM Kasango
- Legal Topics
- Bail and Bond, Presumption of Innocence, Compelling Reasons for Detention
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
John Mwangi Karitu
Applicant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused is entitled to bail or bond pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny the accused bail or bond.
Ratio Decidendi
The court found that the Constitution guarantees the right to bail or bond for an accused person unless compelling reasons are shown. In this case, the State did not oppose the application and did not present any compelling reasons to deny bail. Therefore, the accused is entitled to be released on bond with reasonable conditions to ensure attendance at trial and non-interference with witnesses.
Court Disposition
bail_granted
Orders
- The accused shall be released on a bond of Kshs.1,000,000 with two sureties of similar amounts.
- The accused shall not interfere with the prosecution’s witnesses while out on bond.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO. 45 OF 2020
BETWEEN
REPUBLIC......................................................PROSECUTOR
VERSUS
JOHN MWANGI KARITU.................................. ACCUSED
RULING
1. JOHN MWANGI KARITU is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. He pleaded not guilty and in his trial date is yet to be set. He is in pre-trial detention. He made an application for his release on bail/bond pending his trial.
2. The constitution provides that an accused person shall be presumed innocent until contrary is proved. Further, under Article 49(i)(h)of the Constitution, an arrested person has a right to be released on bond or bail, on reasonable conditions pending a charge or trial unless there are compelling reasons.
3. The accused’s application to be released on bail/bond was unopposed by the State.
4. There being no compelling reason to deny the accused bail/bond, I order as follows:-
(a) The accused shall be released on a bond of Kshs.1,000,000/= (ONE MILLION) with two sureties y of similar amounts
(b) The accused shall not interfere with the prosecution’s witnesses while out on bond.
RULING DATED AND DELIVERED AT KIAMBU THIS 3RD DAY OF JUNE, 2021.
MARY KASANGO
JUDGE
Coram:
Court Assistant: Ndege
Accused : Present
For Accused: No appearance
DPP : Mr. Kasyoka
COURT
RULING delivered virtually.
MARY KASANGO
JUDGE