[2020] KEHC 2404 (KLR)
The court found that there were no compelling reasons presented by the prosecution or the Investigating Officer to deny the accused bail. The constitutional right to bail under Article 49(1)(h) applies, and the presumption of innocence under Article 50(2) further supports the accused's entitlement to bail. The...
Source-derived case information.
- Citation
- [2020] KEHC 2404 (KLR)
- Parties
- Respondent: Republic; Applicant: Joseph Kassam Mwaniki
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 24 of 2020
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- Bail granted to the accused on specified terms.
- Judges
- JK Mulwa
- Legal Topics
- Bail Application, Presumption of Innocence, Compelling Reasons, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Joseph Kassam Mwaniki
Applicant
Procedural Posture
Criminal Case / Bail Application Ruling
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.
Ratio Decidendi
The court found that there were no compelling reasons presented by the prosecution or the Investigating Officer to deny the accused bail. The constitutional right to bail under Article 49(1)(h) applies, and the presumption of innocence under Article 50(2) further supports the accused's entitlement to bail. The seriousness of the offence was considered, but in the absence of any evidence that the accused posed a flight risk or would interfere with witnesses, the court exercised its discretion to grant bail on reasonable terms.
Court Disposition
Bail granted to the accused on specified terms.
Orders
- The accused shall sign a bond of Kshs 300,000 and provide two sureties of similar amount.
- The accused shall not interfere with prosecution witnesses and must attend court as required.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERUGOYA
CRIMINAL CASE NO. 24 OF 2020
REPUBLIC ...........................................................PROSECUTOR
V E R S U S
JOSEPH KASSAM MWANIKI ..................................ACCUSED
RULING ON BAIL APPLICATION.
1. The accused took plea before me on the 16/9/2020. His Advocate Mr. Assime applied for bail orally on his behalf, upon grounds that the accused is not a flight risk, and would not interfere with prosecution witnesses pending hearing of the case. He undertook to comply with reasonable terms that the court may grant.
2. Learned Assistant Director of Public Prosecution for the State had no objection to release of the accused on bail/bond. He confirmed that the Investigating Officer had no compelling reasons to oppose bail.
Article 49(1)(h) of the Constitution gives an accused person a constitutional right to bail if there are no compelling reasons to deny the same.
3. I have taken into account that an accused person is presumed innocent until otherwise proved – Article 50(2). I have also considered the nature of the offence. It is serious and circumstances thereto.
4. There being no compelling reasons to deny bail, I admit the accused to bail, upon terms that:
a) The accused shall sign a bond of Kshs 300,000/- and two sureties of similar amount.
b) The accused shall not interfere with prosecution witnesses, and will at all times, when required, attend court.
It is so ordered.
Dated at Kerugoya this 17th day of September 2020.
J. N. MULWA
JUDGE