[2021] KEHC 1476 (KLR)
The court found that the accused is not a flight risk, as evidenced by his family ties, occupation, and the lack of opposition from both the prosecution and the deceased's family. The court emphasized the presumption of innocence and the principle that pretrial detention should only be used to secure the accused's...
Source-derived case information.
- Citation
- [2021] KEHC 1476 (KLR)
- Parties
- Applicant: Republic; Respondent: John Njoroge Rungu
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E023 of 2021
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail_granted
- Judges
- MM Kasango
- Legal Topics
- Bail Application, Pretrial Release, Flight Risk, Murder Charge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
John Njoroge Rungu
Respondent
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused should be granted bail pending trial.
- 2 Whether the accused poses a flight risk if released on bail.
Ratio Decidendi
The court found that the accused is not a flight risk, as evidenced by his family ties, occupation, and the lack of opposition from both the prosecution and the deceased's family. The court emphasized the presumption of innocence and the principle that pretrial detention should only be used to secure the accused's attendance at trial. Relying on the cited case law, the court concluded that there were no compelling reasons to deny bail and that the accused's release on bond would not jeopardize the interests of justice.
Court Disposition
bail_granted
Orders
- John Njoroge Rungu is released on his own bond of Kshs.500,000 with one surety of similar amount.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO. E023 OF 2021
BETWEEN
REPUBLIC.....................................................................PROSECUTOR
VERSUS
JOHN NJOROGE RUNGU.................................................. ACCUSED
RULING
1. JOHN NJOROGE RUNGU, is charged with the offence of murder. He pleaded not guilty. He has applied to be released on bond/bail pending the determination of his trial.
2. I have considered the probation pre-bail report. I have noted that the deceased’s family are not opposed to the release of accused on bond/bail.
3. The accused is married and a father of five children. He is a farmer where he grows avocado for export. It is clear the accused is not a flight risk. In this regard, I rely on the holding in of the case of REX V. HAWKEN (1944) 2 DLR 116 as follows:-
“The question of bail is sometimes misunderstood. When a man is accused he is nevertheless still presumed to be innocent and the object of keeping him in custody prior to trial is not on the theory that he is guilty but on the necessity of having him available for trial. It is proper that bail should be granted when the Judge is satisfied that the bail will ensure the accused appearing at his trial.”
4. The bail application was not opposed by prosecution.
5. I grant the following orders:-
THATJohn Njoroge Rungu is released on his own bond of Kshs.500,000/- with one surety of similar amount.
6. Orders accordingly.
RULING DATED AND DELIVERED AT KIAMBU THIS 9TH DAY OF DECEMBER, 2021.
MARY KASANGO
JUDGE
Coram:
Court Assistant: Maurice
For DPP:- Mr. Kasyoka
For Accused :- Mr. Kamuiru absent
Accused : JOHN NJOROGE RUNGU:- present
COURT
RULING delivered virtually.
MARY KASANGO
JUDGE