[2017] KEHC 2000 (KLR)
The court found that the pre-bail report was favorable to the accused's release and that there were no compelling reasons presented to deny bond. Therefore, the accused was entitled to be released on bond pending trial, subject to the provision of a bond of Kshs 500,000 with a surety of similar amount. The surety is...
Source-derived case information.
- Citation
- [2017] KEHC 2000 (KLR)
- Parties
- Respondent: Republic; Defendant: John Mwiti
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 41 of 2015
- Procedural Posture
- Criminal Case / Ruling on Bond
- Outcome
- Bond granted to the accused pending trial.
- Legal Topics
- Murder Charge, Bail and Bond, Pre Bail Report, Surety Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
John Mwiti
Defendant
Procedural Posture
Criminal Case / Ruling on Bond
Legal Issues
- 1 Whether the accused is entitled to bond pending trial for a charge of murder.
- 2 Whether the pre-bail report supports the accused's release on bond.
- 3 What conditions should be attached to the grant of bond.
Ratio Decidendi
The court found that the pre-bail report was favorable to the accused's release and that there were no compelling reasons presented to deny bond. Therefore, the accused was entitled to be released on bond pending trial, subject to the provision of a bond of Kshs 500,000 with a surety of similar amount. The surety is to be examined by the Deputy Registrar, who must explain the surety's obligations to the court.
Court Disposition
Bond granted to the accused pending trial.
Orders
- The accused may be released on bond of Kshs 500,000 with a surety of similar amount.
- The surety to be examined by Deputy Registrar who should explain surety’s obligation to the court.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO.41 OF 2015
REPUBLIC .....................................................PROSECUTION
VS
JOHN MWITI.............................................................ACCUSED
RULING ON BOND
The accused John Mwiti faces the charge of murder contrary to Section 203 as read with Section 204 of the Penal Code Cap 63 Laws of Kenya.
Particulars were that on the night of 9th and 10th May 2015 at Nkando village in Buuri Subcounty within Meru County murdered Stacia Nyawira.
The accused was arraigned in court on 18th May 2015 and accused pleaded not guilty to the charge on 9th June 2015.
Pre-bail Report was called for by the court on 12th June 2017 and same availed on 28th July 2017. The Pre bail Report is favourable to accused persons release on bonding pending trial.
The accused may be released on bond of Kshs 500,000/= with a surety of similar amount.
The surety to be examined by Deputy Registrar who should explain surety’s obligation to the court.
HON. A.ONG’INJO
JUDGE
Ruling Signed, Delivered and Dated this 31st of October 2017.
HON. A.ONG’INJO
JUDGE