[2022] KEHC 1822 (KLR)
The court found that the prosecution had not provided any compelling reasons to deny the accused bail. The right to bail is constitutionally guaranteed, and the State conceded to the release of the accused on bail or bond. The court therefore admitted the accused to bond with surety or cash bail, subject to...
Source-derived case information.
- Citation
- [2022] KEHC 1822 (KLR)
- Parties
- Applicant: Republic; Respondent: Joseph Mburu Gitau
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E004 of 2022
- Procedural Posture
- Criminal Case / Ruling on Bail
- Outcome
- Bail granted to the accused with conditions.
- Legal Topics
- Bail Application, Murder Charge, Constitutional Rights, Compelling Reasons
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Joseph Mburu Gitau
Respondent
Procedural Posture
Criminal Case / Ruling on Bail
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for a charge of murder.
- 2 Whether there are compelling reasons to deny bail as required under the Constitution.
Ratio Decidendi
The court found that the prosecution had not provided any compelling reasons to deny the accused bail. The right to bail is constitutionally guaranteed, and the State conceded to the release of the accused on bail or bond. The court therefore admitted the accused to bond with surety or cash bail, subject to conditions to ensure attendance and non-interference with witnesses.
Court Disposition
Bail granted to the accused with conditions.
Orders
- The accused is admitted to a bond of Kshs 1,000,000 with a surety of a similar amount or a cash bail of Kshs 500,000.
- The surety shall be assessed by the Deputy Registrar of the court.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIVASHA
CRIMINAL CASE NO. E004 OF 2022
REPUBLIC.................................................PROSECUTOR
-VERSUS-
JOSEPH MBURU GITAU.........................RESPONDENT
RULING ON BAIL
1. The accused herein is charged with Murder contrary to Section 203 as read with Section 204 of the Penal Code.
2. He has today pleaded not guilty. His counsel Ms. Ndung’u has applied for bail submitting that the accused would not abscond as he has a permanent place of abode and has no travel documents that would lead him to leave the jurisdiction of the court.
3. Learned State Counsel, for the Republic has not opposed the bail save to add that the accused should be warned not to interfere with witnesses.
4. I have considered the application and the submissions. Bail to any accused person is a Constitutional right which cannot be denied unless there are compelling reasons as provided under Article 50 (1) (h)of the Constitution.
5. The prosecution has availed no compelling reasons. Indeed, they have conceded to the release of the accused on bail/bond.
6. On the part of the court, I find no reason not to grant bails to the accused. I therefore admit him to a bond of Kshs 1,000,000/= (One Million) with a surety of a similar amount or a cash bail of Kshs. 500,000/=. The surety shall be assessed by the Deputy Registrar of this court.
7. The accused is additionally warned to ensure he attends court at all times when required to and not to interfere with prosecution witnesses failing which the court will not hesitate to cancel the bond/bond.
DATED AND DELIVERED AT NAIVASHA THIS 3RD DAY OF FEBRUARY, 2022.
G. W. NGENYE-MACHARIA
JUDGE
In the presence of;
1. M/s Ndungu for the Accused
2. M/s Maingi for the Prosecution.