[2014] KEHC 2919 (KLR)
The court found that the accused is constitutionally entitled to bail unless the prosecution provides compelling reasons to deny it. In this case, the prosecution did not present any such reasons. Although the probation officer's report highlighted that the case remains emotive in the local area and the accused's...
Source-derived case information.
- Citation
- [2014] KEHC 2919 (KLR)
- Parties
- Respondent: Republic; Applicant: Joseph Mathenge Githethuki
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 19 0f 20 of 2011
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail_granted_with_conditions
- Legal Topics
- Bail Application, Murder Charge, Constitutional Rights, Compelling Reasons
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Joseph Mathenge Githethuki
Applicant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for the offence of murder.
- 2 Whether the prosecution has provided compelling reasons to deny bail as required by the Constitution.
- 3 How to balance the accused's right to bail with concerns for his safety and the emotive nature of the case in the local area.
Ratio Decidendi
The court found that the accused is constitutionally entitled to bail unless the prosecution provides compelling reasons to deny it. In this case, the prosecution did not present any such reasons. Although the probation officer's report highlighted that the case remains emotive in the local area and the accused's safety may be at risk, these concerns do not outweigh the constitutional right to bail. The court therefore granted bail with conditions designed to address both the right to liberty and the safety concerns, including a substantial bond or cash bail and regular reporting to the Deputy Registrar during the trial period.
Court Disposition
bail_granted_with_conditions
Orders
- The accused is released on bond of Ksh. 1,000,000 with one surety of like amount.
- Alternatively, the accused may be released on cash bail of Ksh. 500,000.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
CRIMINAL CASE NO. 19 0F 2011
REPUBLIC …......................................................................PROSECUTOR
versus
JOSEPH MATHENGE GITHETHUKI..........................................ACCUSED
RULING
The applicant is charged with the offence of murder contrary to section 204 of the Penal Code the particulars of which are that on the 6th day of July 2011 at Njathaini village in Mathira West District within Nyeri county murdered ANTHONY MUNYIRI GITHOGORI.
The applicant pleaded not guilty to the charges and to assist the court in reaching suitable bond terms the court ordered prebail report which has now been filed.
Bail is now a constitutional right of any accused person under Article 49(h) of the Constitution which can only be deprived when there are compelling reasons to be provided for by the prosecution.
In this case the state through Mr. Nyamache has offered no compelling reason and whereas the matter has been fixed for hearing on 16th September 2014 the same can not proceed due to the recent transfer of the court.
In the absence of any compelling reason provided by the state and whereas the probation officers report indicate that the case is still emotive in the local area and that the accused safety may be at risk, this must be balanced against the accused constitutional right to bail.
I therefore order that the accused be released on bond of Ksh. 1,000,000 (one million) with one surety of like amount or in the alternative cash bail of Ksh. 500,000/- (five hundred thousand) the accused to report to the Deputy Registrar of this court once after every 30 days at a date to be set by the Deputy Registrar during the period of his trial.
Dated, signed and delivered at Nyeri this 19th day of September 2014.
J. WAKIAGA
JUDGE
Court: Ruling read in open court in the presence of the advocates for the parties.
J. WAKIAGA
JUDGE