[2013] KEHC 3180 (KLR)
The court found that there were no compelling reasons presented by the prosecution to justify denying the accused bail. Both the accused's counsel and the State agreed that the accused was not a flight risk and had a permanent place of abode. The court relied on Article 49(1)(h) of the Constitution, which provides...
Source-derived case information.
- Citation
- [2013] KEHC 3180 (KLR)
- Parties
- Applicant: Republic; Respondent: John Wambua Kyambi
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 25 of 2012
- Procedural Posture
- Criminal Case / Bail Application
- Outcome
- Application for bail allowed.
- Judges
- LN Mutende
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Right to Bail
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
John Wambua Kyambi
Respondent
Procedural Posture
Criminal Case / Bail Application
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny the accused bail.
Ratio Decidendi
The court found that there were no compelling reasons presented by the prosecution to justify denying the accused bail. Both the accused's counsel and the State agreed that the accused was not a flight risk and had a permanent place of abode. The court relied on Article 49(1)(h) of the Constitution, which provides that an accused person has the right to be released on bond or bail unless there are compelling reasons not to do so. Since no such reasons were advanced, the accused was entitled to bail.
Court Disposition
Application for bail allowed.
Orders
- The accused is released on bond of KES 1,000,000 with a surety of similar sum.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
High Court at Machakos
Criminal Case 25 of 2012 [if gte mso 9]><![endif]
REPUBLIC……………………………….................PROSECUTOR
VERSUS
JOHN WAMBUA KYAMBI ……………….………………ACCUSED
RULING
1. The accused herein is charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code.
2. In his application dated 3rd December, 2012, he seeks to be released on bail pending hearing and determination of this case.
3. The Application is based on grounds that the Applicant has a permanent place of abode and he is not a flight risk. He is willing to abide with any conditions to be set by the court.
4. In his submission, Mr. Kasyoka counsel for the accused stated that there were no compelling reasons that would justify the accused being denied bail.
5. The State counsel Mr. Mwangi did not oppose the application. He stated that there was no reason to have the accused denied bail.
6. According to Article 49(1) (h) of the Constitution, an accused person can only be denied bail if there are compelling reasons.
7. There being no reasons warranting the accused being denied bail he is hereby released on bond of 1 million with a surety of similar sum.
8. It is so ordered.
DATED, SIGNEDand DELIVEREDat MACHAKOS this 29THday of MAY, 2013.
L.N. MUTENDE
JUDGE
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