[2013] KEHC 5892 (KLR)
The court found that there were no compelling reasons presented by the State to deny bail to the accused persons. The court considered the personal circumstances of both accused, including their age, occupation, income, and ability to provide surety. The State's express lack of objection to bail and the...
Source-derived case information.
- Citation
- [2013] KEHC 5892 (KLR)
- Parties
- Applicant: Republic; Defendant: Joseph Manyanki Mwita; Defendant: Roselyne Robi Mwita
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 30 of 2013
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- Bail granted to both accused persons on specified terms.
- Judges
- EM Muriithi
- Legal Topics
- Bail Pending Trial, Murder Charge, Compelling Reasons, Surety Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Joseph Manyanki Mwita
Defendant
Roselyne Robi Mwita
Defendant
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the accused persons should be granted bail pending trial for murder.
- 2 Whether there are compelling reasons to deny bail under the circumstances.
Ratio Decidendi
The court found that there were no compelling reasons presented by the State to deny bail to the accused persons. The court considered the personal circumstances of both accused, including their age, occupation, income, and ability to provide surety. The State's express lack of objection to bail and the constitutional presumption in favour of bail were determinative. The court set reasonable bail terms to ensure attendance at trial, balancing the accuseds' circumstances and the interests of justice.
Court Disposition
Bail granted to both accused persons on specified terms.
Orders
- Each accused to execute own bond of KES 300,000 with one surety of the same amount.
- Alternatively, each accused may deposit KES 100,000 with the court.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 30 OF 2013
REPUBLIC …………………………………………………….…………..……. PROSECUTOR
-VERSUS-
JOSEPH MANYANKI MWITA …………………………………………..…….. 1ST ACCUSED
ROSELYNE ROBI MWITA ……………………..…….………………………... 2ND ACCUSED
RULING
The applicants seek to be released on bail pending trial for murder contrary to section 203 as read with section 204 of the Penal Code.
The State has filed a replying affidavit by the investigating officer in which they indicate that they have no compelling reasons for the accused not to be released on bail. The State counsel has also confirmed that he does not oppose bail for the accused persons.
The Accused 1 is a 60 year old tobacco farmer who owns 200 acres from which he earns kshs. 50,000/= per year from tobacco and about kshs. 60,000/= from other farming activities and who said he had someone to stand surety for him.
Accused 2 is a 27 year old who cultivates her father-in-law’s tobacco crop earning kshs. 25,000/=-50,000/= per year, but she states that she cannot obtain a surety for her bail as she is an orphan.
Having considered the primary objection of bail to be to ensure that the accused attends her trial, and noting the no objection by the State and the accused persons circumstances, I grant bail terms for the accused upon terms that:-
Each accused will execute their own bond of kshs. 300,000/= and supply one (1) surety from the same amount.
As an alternative to (i) above, the accused may deposit with court the sum of kshs. 100,000/= each.
The Accused shall not to leave the jurisdiction of the court without permission of the court.
Accused to attend to the Deputy Registrar of the court every 30 days pending the hearing and determination of the trial.
Dated and delivered this 27TH day of JUNE 2013.
…………………………………………………
EDWARD M. MURIITHI
JUDGE
In the presence of: -
……………………. for the Accuseds
……………………. for the State
Mr. Edwin Mongare Court Clerk
No. 28