[2019] KEHC 4754 (KLR)
The court found that there were no compelling reasons presented by the prosecution to deny the accused bail. The prosecution explicitly did not oppose bail and only requested that the accused make an undertaking. The court considered the accused's personal means and background, noting his humble circumstances, and...
Source-derived case information.
- Citation
- [2019] KEHC 4754 (KLR)
- Parties
- Applicant: Republic; Defendant: Johnson Muthui Wanjiru
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 21 of 2019
- Procedural Posture
- Criminal Case / Ruling on Bail Pending Trial
- Outcome
- Bail granted with conditions.
- Judges
- AM Cockar
- Legal Topics
- Bail Pending Trial, Murder Charge, Reasonable Bond Terms
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Johnson Muthui Wanjiru
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there are compelling reasons to deny the accused bail.
- 3 What constitutes reasonable bond terms in the circumstances of the accused.
Ratio Decidendi
The court found that there were no compelling reasons presented by the prosecution to deny the accused bail. The prosecution explicitly did not oppose bail and only requested that the accused make an undertaking. The court considered the accused's personal means and background, noting his humble circumstances, and determined that reasonable bond terms should be set accordingly. The court emphasized the constitutional right to bail and the requirement that bond terms be reasonable, ultimately granting bail with conditions to ensure the accused's attendance at trial and non-interference with witnesses.
Court Disposition
Bail granted with conditions.
Orders
- Accused may be released on cash bail of KShs.200,000.
- Alternatively, accused may be released on a bond of KShs.500,000 with one surety of like sum.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
HIGH COURT AT NAIROBI
CRIMINAL CASE NO. 21 OF 2019
LESIIT, J
REPUBLIC …………….……………...……….….….….PROSECUTOR
V E R S U S
JOHNSON MUTHUI WANJIRU…..........…….……….......… ACCUSED
RULING ON BAIL
1. The accused person is facing a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code. In his application dated 27th of June 2019, he seeks to be released on bail pending trial under Article 49(1) (h) of the Constitution.
2. Mr. Gichuhi, Learned Prosecution Counsel did not oppose the application for bail. Counsel however asked that the accused person be required by the court to make an undertaking.
3. Mr. Gichuki for the accused urged that the accused was self-employed before his arrest and that therefore he has skills with which he can sustain himself if granted bail. He urged that the accused was asking to be released on lenient bond terms.
4. Counsel for the accused submitted that the accused has indicated that he will relocate to either Githurai or his ancestral home in Nyeri County. Counsel urged that the accused had promised that he will not interfere with the witnesses.
5. The accused has a right to be released on bail pending the trial unless there are compelling reasons. None have been alleged. The prosecution have gone a step further and indicated that they are not opposed to the accused being released on bail.
6. The Constitution under Article 49(1) (h) makes it clear that bond terms should be reasonable. The bail and bond policy guidelines elaborates what is reasonable should be accessed by the court (or police if it’s pre-charging) having regard to various factors.
7. In this case, I have considered the accused personal means as explained by his counsel. I note he is of humble background and humble means. What is reasonable will therefore be gauged pegged on his personal circumstances.
8. In the result I grant the accused bail on the following terms:
a) Accused may be released on cash bail of KShs.200,000/=.
b) In the alternative the accused may be released on a bond of KShs.500,000/= with one surety of like sum.
c) The accused is warned to stand by his undertakings contained in his individual affidavit including:
i) That he will not interfere with any potential witnesses or witnesses in this case.
ii) That the Accused should avail himself for trial as and when required.
9. The accused is warned that breach of any of the terms in 8(c) above may result in cancelation or other variation of his bond terms including enhancement of terms.
DATED AT NAIROBI THIS 29TH DAY OF JULY, 2019.
LESIIT, J
JUDGE