[2014] KEHC 450 (KLR)
The court held that since the prosecution did not oppose bail and the defence had been supplied with all witness statements, the accused was entitled to bail. However, given the seriousness of the charge (murder, which carries a possible death sentence), the bail terms must be stringent enough to ensure the...
Source-derived case information.
- Citation
- [2014] KEHC 450 (KLR)
- Parties
- Applicant: Republic; Defendant: Joseph Kiringu Mahindu
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 8 of 2014
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Accused granted bail with conditions.
- Judges
- J Wakiaga
- Legal Topics
- Bail Terms, Murder Charge, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Joseph Kiringu Mahindu
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused should be released on bond pending trial for a murder charge.
- 2 What are reasonable bail terms considering the seriousness of the offence.
Ratio Decidendi
The court held that since the prosecution did not oppose bail and the defence had been supplied with all witness statements, the accused was entitled to bail. However, given the seriousness of the charge (murder, which carries a possible death sentence), the bail terms must be stringent enough to ensure the accused's attendance at trial. The court therefore set a bond of Ksh. 800,000 with two sureties of similar amounts and required the accused to attend mention before the Deputy Registrar every 30 days during the trial period.
Court Disposition
Accused granted bail with conditions.
Orders
- The accused shall be released on bond of Ksh. 800,000 with two sureties of similar amounts.
- The accused shall attend mention before the Deputy Registrar once every 30 days at dates to be set at the time of approving sureties.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
CRIMINAL CASE NO. 8 OF 2014
REPUBLIC ….................................................................................PROSECUTOR
versus
JOSEPH KIRINGU MAHINDU...............................................................ACCUSED
RULING
1. The accused person is charged with the offence of murder contrary to section 203 as read with section 204 of the Penal code the particulars of which are that on 2nd March 2014 in Wahuri village in Muhoya location within Nyeri County murdered one FRANCIS NDEGWA NDUNYU.
2. He pleaded not guilty to the same charge and according to Mr. Njuguna Kimani Advocate they have been supplied with all witnesses statements and therefore the accused ought to be released on bond.
3. Mr. Cheboi for the state indicated that the prosecution did not oppose the accused person being released on bond. It therefore follows that the only duty for the court is to assess what would be reasonable bail terms.
4. To do so the court has to look at the nature of punishment should the accused be convicted and the credibility of the accused assurance to attend trial.
5. Taking into account that the accused faces a charge of murder where the same is liable to death sentence if convicted the bail terms must be such that will make the accused turn for his trial throughout.
6. I would therefore allow the accused to be released on bond upon the following terms.
a. Bond of Ksh. 800,000/- with two surety of similar amounts.
b. During the trial the accused shall attend mention before the Deputy Registrar of this court once after every 30 days at dates to be set by the said Deputy Registrar at the time of approving sureties.
Dated, signed and delivered at Nyeri this 16th day of May 2014.
J. WAKIAGA
JUDGE
16/5/14
Coram: Before Justice J. Wakiaga
Court clerk - Ndungu
Mr. Njue for the State.
No appearance by Mr. Njuguna Kimani
Court: Ruling is read in open court in the presence Mr. Njue for the State and the accused in person. Mention by the Deputy Registrar at the time of approving bond terms.
J. WAKIAGA
JUDGE
16/5/2014