[2017] KEHC 3141 (KLR)
The court found that the Constitution guarantees the right to bail unless compelling reasons are shown. Upon reviewing the pre-bail probation reports and the personal circumstances of each accused, the court determined that there were no compelling reasons to deny bail. The accused persons have fixed abodes, family...
Source-derived case information.
- Citation
- [2017] KEHC 3141 (KLR)
- Parties
- Respondent: Republic; Defendant: Joseph Kirimi Kiara; Defendant: Nancy Joan Kiara; Defendant: Stanley Mwongera Kamba
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 8 of 2017
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail_granted
- Judges
- MM Kasango
- Legal Topics
- Bail Pending Trial, Presumption of Innocence, Compelling Reasons for Bail
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Joseph Kirimi Kiara
Defendant
Nancy Joan Kiara
Defendant
Stanley Mwongera Kamba
Defendant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused persons are entitled to bail pending trial under the Constitution.
- 2 Whether there exist compelling reasons to deny the accused persons bail.
Ratio Decidendi
The court found that the Constitution guarantees the right to bail unless compelling reasons are shown. Upon reviewing the pre-bail probation reports and the personal circumstances of each accused, the court determined that there were no compelling reasons to deny bail. The accused persons have fixed abodes, family ties, and no evidence was presented to suggest they would abscond or interfere with the trial process. Therefore, the court exercised its discretion to grant bail on reasonable terms to all accused persons.
Court Disposition
bail_granted
Orders
- Each accused is released on bail pending trial on their own bond of Kshs.500,000 plus two sureties for each accused of Kshs.500,000.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL CASE NO. 8 OF 2017
REPUBLIC................................................................RESPONDENT
VERSUS
JOSEPH KIRIMI KIARA..........................................1ST ACCUSED
NANCY JOAN KIARA............................................2ND ACCUSED
JOSEPH KIRIMI KIARA........................................3RD ACCUSED
RULING
1. The accused Joseph Kirimi Kiara, Nancy Joan Kiara and Stanley Mwongera Kamba face the charge of murder to which they pleaded not guilty. Pending their trial they all sought to be released on bail.
2. There are two constitutional provisions that will guide me in considering their bail application. Article 50(2)(b) requires an accused person to be presumed innocent until contrary is proved. Further Article 49(1)(h) provides that an arrested person has the right to be released on bail on reasonable conditions pending trial unless there are compelling reasons.
3. In considering the pre-bail probation report on all the three accused persons there is no compelling reason why they should not be released on bail. Nancy Joan Kiara is 56 years old. She has adult children who do not depend on her. She has a fixed abode where she has developed 9 semi permanent rental houses. She operates a retail shop at her place of residence. Stanley Mwongera Kamba is 35 years old and is married. He owns a piece of land where he has built his homestead. Joseph Kirimi Kiara is 34 years old, married with two children. He has a fixed abode.
4. Bearing the constitutional provisions and the back ground information of each accused person I find that the accused are fit to be granted bail pending their trial. I therefore order:-
(a) That each of the accused be released on bail pending trial on their own bond of Kshs.500,000 plus two sureties for each accused of kshs.500,000.
It is so ordered.
DATED and DELIVERED at NANYUKI this 4th day of OCTOBER 2017.
MARY KASANGO
JUDGE
CORAM:
Before Justice Mary Kasango
Court Assistant: Njue/Mariastella
Accused: Joseph Kirimi Kiara ................................
Nancy Joan Kiara .......................................................
Stanley Mwongera Kamba ......................................
For Accused: ...............................................................
For the State: …...........................................................
Language: ...................................................................
COURT
Ruling delivered in open court.
MARY KASANGO
JUDGE